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Personal Injury Trials In Multnomah County - 2022 - Second Quarter

Table of Contents
September 1, 2022

Trials This Quarter

Bicycle Trials

Pettitt v. Downing, Multnomah County Case No. 19CV37348

This was an admitted liability case where Plaintiff Pettitt was riding his bicycle when he was struck by Defendant Downing. Plaintiff alleged that the impact caused him an intra-articular fracture to his middle finger, a concussion, neck, shoulder and back strains, and contusions. He sought $23,560.17 for medical expenses, $696 for lost income, and $400,000 for non-economic damages. Defendant contested the injuries and Plaintiff's damages. Verdict - $54,323.00.

Medical Malpractice Trials

Fagan v. Salem Brain & Spine et al., Multnomah County Case No. 18CV12957

Plaintiff Fagan underwent a spinal fusion surgery with Defendants. Approximately a month after the surgery he became ill and was taken to the hospital where he was diagnosed with a deep tissue neck infection. Since then he has undergone numerous additional surgical procedures and has been in chronic pain. He claimed that Defendants were negligent in his surgery for perforating or injuring the pharynx/esophagus and failing to identify the injury during the course of the surgery and repair it. He sought $5 Million for past and future medical expenses, wage losses and $3.5 Million in non-economic damages. Defendants denied any negligence. Defense Verdict.

MVA Trials

Palmer v. Phelan et al., Multnomah County Case No. 19CV02548

This was an admitted liability car crash case where Plaintiff Palmer claimed crash-related injuries including cervical spine injuries that required a fusion surgery. He sought $93,233.33 for past medical expenses and $156,766.67 for non-economic damages. Defendant Phelan denied that the crash caused the need for surgery. Verdict - $150,000.00.

Truong v. Helfenbein, Multnomah County Case No. 20CV17066

This was an admitted liability rear end car accident case in which Plaintiff claimed that she suffered a rotator cuff tear and multiple soft tissue injuries. She sought $63,373.43 for past medical expenses, $99,392.56 for wage losses and $300,000.00 for non-economic damages. Defendant argued that the crash did not cause Plaintiff's injuries. Verdict - $90,000.00.

Floyd v. Sehdev, Multnomah County Case No. 20CV16257

This was an admitted liability car crash case stemming from a head-on collision. Plaintiff Floyd claimed that the crash caused injury to his spinal cord causing him to suffer severe back pain, incontinence, and a complete loss of sexual function. He claimed that he had a related spinal surgery. Floyd sought $88,812.73 for economic damages and $900,000 for non-economic damages. Defendant Sehdev contested the nature and degree of Plaintiff's damages. Verdict - $41,105.47.

Arabadji v. Frey, Multnomah County Case No. 21CV07009

This was an admitted liability car crash case where Defendant Frey rear-ended Plaintiff Arabadji on I-205. Arabadji claimed that the crash caused torn ligaments in her neck, bulging discs in her back and soft tissue injuries to her neck, back and hip. She sought $35,000 for past and future medical expenses and $150,000 for non-economic damages. Defendant contested the nature and degree of Plaintiff's damages. Verdict - $7,500.00.

Jones v. Connell, Multnomah County Case No. 20CV19975

This was an admitted liability car accident case in which Plaintiff Jones claimed crash-related soft tissue back and neck injuries. He sought $10,000 in damages and legal fees pursuant to ORS 20.080. Defendant Connell contested the amount of Jones' damages. Verdict - $6,500.00. The court awarded $29,552.50 in attorney fees.

Litz v. Connell, Multnomah County Case No. 20CV32068

In this admitted liability car crash case, Plaintiff Litz alleged that he sustained soft tissue back and neck injuries and sought $10,000 in damages and legal fees pursuant to ORS 20.080. Defendant Connell admitted responsibility for the crash but denied that it caused any injury to Plaintiff. Verdict - $750.00.

Walsh v. Fikter, Multnomah County Case No. 20CV21771

This was an admitted liability car crash case where Defendant Fikter crashed into Plaintiff Walsh as he tried to change lanes near the airport. Walsh claimed that the crash caused her to suffer a rotator cuff tear, and a disk injury in her neck that required an artificial disc to be surgically implanted. She sought $185,170.22 for past and future medical expenses and wage losses and $900,000 for non-economic damages. Defendant Fikter denied that the crash caused any injury to Plaintiff. Defense Verdict.

Ho v. Henderson, Multnomah County Case No. 19CV42303

This was an admitted liability car crash case in which Defendant Henderson rear ended Plaintiff Ho. Ho claimed the crash caused soft tissue neck, back, hip and shoulder injuries. Plaintiff sought $160,000 for past and future medical expenses and wage losses and $300,000 for non-economic damages. Defendant claimed that the crash did not cause any injury to Ho. Defense Verdict.

Thompson v. Loveland, Multnomah County Case No. 20CV13600

Plaintiff Thompson claimed he was rear ended by Defendant Loveland at a public car wash on NE Martin Luther King Jr. Boulevard and that Loveland then fled the scene. Thompson claimed that the impact soft tissue neck and back injuries. He sought $10,000 in damages and legal fees pursuant to ORS 20.080. Defendant denied ever being in a car crash at the car wash. Defense Verdict.

Pedestrian Trials

Johnson v. Tenney, Multnomah County Case No. 20CV32873

Plaintiff, a thirteen-year-old child, was a pedestrian walking across a Portland street when she was struck by a vehicle driven by Defendant Tenney. This lawsuit was brought by her guardian ad litem. She claimed that she was in the crosswalk, and that Defendant Tenney speeding, failing to keep a proper lookout, failed to yield to the crosswalk and failed to brake or take evasive action to keep from hitting her. She alleged that she suffered permanent injuries including a traumatic brain injury, fractured pelvis and sacrum, and injury to the soft tissues of her neck, back, arms, and legs. She sought economic damages for past and future medical expenses totaling $150,000 as well as non-economic damages totaling $500,000. Defendant Tenney claimed that it was dark outside, that Plaintiff was wearing dark clothing and listening to music on earphones, and had entered the road from behind a Tri-Met bus. He claimed that Plaintiff was negligent in the way she used the crosswalk in that she stepped out from a place of safety directly into the path of his vehicle, that she failed to keep a proper lookout or exercise due care as a pedestrian. Verdict - $367,274.18 after a 30% reduction for comparative negligence.

Premises Liability Trials

Muoio v. Ther Tao of Tea LLC et al., Multnomah County Case No. 20CV22399

Plaintiff Muoio was a guest at defendants Teahouse when she fell coming down a flight of stairs. She alleged that she fell because the staircase was obstructed by a large plant, the handrail stopped before the final step and the stairs violated Oregon Structural Specialty Codes. She alleged that the fall caused her to break bones in her knee, arm, shoulder and hands which required surgery. She sought $159,357.50 for past medical expenses, $105,000 for future medical expenses and $1.5 Million for non-economic damages. Defendants alleged that Plaintiff fell because she was not watching where she was walking, and taking reasonable precautions for her own safety. Defense Verdict.

Veenker v. Wells Fargo Bank, Multnomah County Case No. 19CV13531

Plaintiff Veenker was walking from his car to the door of Defendant's bank when he was struck by a car travelling the wrong direction in the parking lot. He alleged that Defendant Wells Fargo was negligent for failing to provide a safely designed parking lot with speed bumps, cross walk markings on the ground, and appropriate signage visible to both drivers and pedestrians. He alleged that the crash caused him to suffer a broken hip, a severely damaged knee, and blood clotting. He sought $500,000 for medical expenses, $100,000 for lost wages, and $350,000 for non-economic damages. Defendant Wells Fargo argued that the parking lot had appropriate marking indicating the direction of traffic and that the crash was not their fault. Defense Verdict.

Ross v. Metro, Lease Crutcher  Lewis LLC et al., Multnomah County Case No. 19CV45945

This was a wrongful death action. Plaintiff, the personal representative for the estate of Carl Ross, Sr., filed this lawsuit against Metro dba the Oregon Zoo (“Metro”) and Lease Crutcher Lewis ("Lewis"). Mr. Ross attended a concert at the Oregon Zoo with his friend. Mr. Ross and his friend became separated during the concert and when the friend could not locate Mr. Ross he went home. Defendant Lewis was a general contractor renovating the hippopotamus exhibit at the Oregon Zoo. The Monday after the concert, Lewis’s employees were giving a tour of a zoo building within the rhinoceros exhibit when an employee discovered Mr. Ross's body inside the building. Plaintiff alleged that Mr. Ross died after falling in the construction zone due to the zoo and Lewis failing to keep the premises safe by installing adequate fencing and warning signs to keep people from inadvertently entering the construction zone. The estate sought $400,000 for economic damages, $5 Million in non-economic damages and $4 Million in punitive damages. Defendants alleged that Mr. Ross was negligent and caused his own death by not staying within the concert area, ignoring warning and no trespass signs, bypassing zoo security to enter the construction site, being seriously intoxicated. They further argued that his death was the result of liver and heart issues brought on by chronic alcohol and drug use and not a fall. Defense Verdict.

Product Liability Trials

Ibarra and Estate of Ibarra v. Ameron International Corporation, Multnomah County Case No. 20CV25344

Plaintiff Ibarra brought this action in strict products liability as an individual and as the personal representative for her husband's estate. Mr. Ibarra died from mesothelioma which Plaintiff alleged resulted from exposure to asbestos at Defendant Ameron's factory. She sought $30,000,000.00 in damages. Defendants denied that Ibarra was exposed to asbestos from their product, denied that he died due to exposure to their product, and denied that their product was unreasonably dangerous. Verdict - $30,000,000.00.

Thorpe v. R.J. Reynolds Tobacco Company, Inc., Multnomah County Case No. 18CV36607

Plaintiff Thorpe brought this action in strict products liability and negligence on behalf of the Estate of Richard Thorpe who died of lung cancer after being a long-time smoker of Defendant's products. Defendant denied that their cigarettes were defective or unreasonably dangerous and argued that Mr. Thorpe was aware of the risks of excessive smoking, and continued to smoke anyway. They further argued that the claims were barred by applicable statutes of limitations and that Thorpe's cancer was not the result of smoking Defendant's product. Verdict - $800,000.00 after 50% reduction for comparative negligence.

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