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Personal Injury Trials In Multnomah County - 2022 - Third Quarter

Table of Contents
October 1, 2022

Trials This Quarter

Medical Malpractice Trials

Dorman v. Northwest  Gastroenterology Clinic, LLC et al., Multnomah County Case No. 20CV16272

Plaintiff Dorman had dysphagia, that can reflect a serious condition, such as cancer. So he underwent an upper endoscopy with Defendants at a an ambulatory surgery center. During the procedure Plaintiff lost consciousness and suffered cardiac arrest. Defendants performed CPR and transported Plaintiff across the street to the hospital but the delay caused Plaintiff to suffer an anoxic brain injury. Plaintiff alleged that the procedure should have been performed in a hospital setting and that Mr. Dorman should have underwent cardiac clearance prior to the procedure. Plaintiff also claimed that he did not get informed consent outlining the risks and alternatives including undergoing the procedure in a hospital. Plaintiff sought $6 Million in non-economic damages.

Defendants denied negligence, denied they failed to obtain informed consent, and denied they caused injury to Plaintiff.

Defense Verdict.

MVA Trials

Thompson v. Deggendorfer, Multnomah County Case No. 19CV38054

This was an admitted liability car crash case. Plaintiff Thompson claimed crash-related injuries including soft tissue neck and back injuries plus head trauma, including a concussion, a severe stutter, thought disorganization. Plaintiff sought $21,546.46 for past medical expenses, $100,000.00 for impaired earning capacity and $200,000.00 for non-economic damages. Defendant disputed the nature and extent of Thompson's injuries and damages. Verdict - $296,546.46.

Brisk v. Cortez et al., Multnomah County Case No. 19CV52036

This was an admitted liability car crash case. Defendant Cortez was driving a truck for his employer Defendant Catrachos Auto Services at the time of the crash. Plaintiff Brisk alleged that she tore her rotator cuff in the crash and that it required surgical repair and left her with residual shoulder issues. She sought $68,844.87 for medical expenses and $550,000 for non-economic damages. Defendants challenged the nature, scope and extent of Plaintiff’s Damages. Verdict - $139,844.87.

Jahangiri v. Thayer et al., Multnomah County Case No. 20CV28068

This was an admitted liability car crash case. Plaintiff Jahangiri claimed that the crash caused her a concussion with post-concussive symptoms and soft-tissue injuries to her neck and back. She sought $3,585,480.00 for non-economic damages. Defendant claimed the crash had minimal impact and did not cause significant injury. Verdict - $2,500.00.

Zabarenko et al. v. Nerpel, Multnomah County Case No. 18CV57328

This was a disputed liability car crash case that occurred during icy conditions. Each driver alleged the other was the cause of the crash. Plaintiffs each alleged multiple soft-tissue injuries and sought a combined total of $70,900.00. Defendant denied any negligence. Defense Verdict.

Trapp v. Hodges, Multnomah County Case No. 20CV25735

In this admitted liability car crash case, Plaintiff Trapp alleged crash-related neck, back and shoulder soft-tissue injuries. He sought $10,000 in damages and legal fees pursuant to ORS 20.080. Defendant Hodges contested Plaintiff's injuries and damages. Verdict - $2,500.00.

Pedestrian Injury Trials

Reel v. Glass et al., Multnomah County Case No. 18CV57365

This trial stems from an incident where Defendant Glass’s vehicle impacted Plaintiff Reel while he was running.  Plaintiff alleged that Defendant was driving negligently by failing to maintain a proper lookout and yield to a pedestrian on a sidewalk, striking plaintiff on his right side, causing him personal injury.  Defendant denied he was negligent and alleged that Plaintiff was  negligent in failing to maintain a proper lookout, and in running in the dark in a poorly lit area with no sidewalk in dark, non-reflective clothing. Plaintiff claimed the incident caused soft tissue injuries to his head, neck, back, arms and legs, abrasions, lacerations, a fractured right humerus and a dislocated shoulder.  Plaintiff’s sought $9,241.18 for medical expenses and $100,000.00 for noneconomic damages. Verdict - $35,055.89.

Premises Liability Trials

Finch v. Les Schwab Tire Center of Portland, Multnomah County Case No. 19CV13536

Plaintiff went to a Portland location of Defendant’s tire stores to have a tire repaired.  Defendant’s employee asked Plaintiff to enter the work bay to help him find the key for her locking lug nuts. Plaintiff’s car was up on a scissor lift at the time. Defendant’s employee lowered the lift but did not lower it completely to the ground.  Plaintiff was leaning into her car looking in the center console for the key when Defendant’s employee lowered the lift further causing the lift plate to strike Plaintiff’s foot. Plaintiff alleged that the impact caused her to suffer foot crush injuries and complex regional pain syndrome.  She had surgery to fuse her foot followed by an additional surgery to remove the hardware from her foot.  She sought $1,141,405 for past and future medical expenses and $2,000,000 for non-economic damages.  

Defendant argued that the claimed injuries were not the result of the lift striking Plaintiff’s foot. They noted that she continued looking for her key after the incident, then, after the car was pulled into the parking lot, she walked to her car and drove away before returning later, and walking through the parking lot without incident.

Verdict - $975,000.00.

Slagle v. Lund Enterprise Group, LLC et al., Multnomah County Case No. 18CV01268

Plaintiff parked in a parking lot owned by defendant Lund Enterprises and began walking on a path towards a Starbucks situated next to a gas station. He slipped and fell on the ice and suffered injuries including a laceration to the back of his head, memory loss, traumatic subdural hemorrhage requiring surgery, numbness and paralysis of the right side of his body, foot drop, and other related injuries. He claimed that various defendants were negligent for failing to remove the ice from the walkway areas of the property where customers were invited to park for business purposes. He sought $111,693.66 for past medical expenses, $150,000 for future medical expenses, and $3,500,000 for non-economic damages.  

Defendant Lund denied liability and claimed that Plaintiff’s injuries were the fault of either plaintiff for his own negligence or other parties.  

Verdict - $798,494.58 after 46% reduction for comparative negligence.

UM/UIM Trials

Whitman v. USAA, Multnomah County Case No. 19CV16005

Two plaintiffs were driving on SR 82 near Elgin, Oregon when they were hit head-on by an oncoming vehicle. The impact of the crash caused Plaintiffs’ vehicle to impact the guardrail, roll in the direction of the passenger side, flip over onto its top, and slide to an uncontrolled stop position approximately 109 feet from the initial impact. Both plaintiffs alleged that the crash caused them injuries to their muscles, tendons, bones, and soft tissue of numerous areas of their bodies and persistent headaches. They brought this case against their own auto-insurance carrier for injured suffered by the negligence of an underinsured motorist. They sought a combined $154,969.35 for past and future medical expenses and $600,000 for non-economic damages. Defendant USAA contested Plaintiffs' damages. Verdict - $600,000.00.

Workplace Injury Trials

Pinkstaff v. Tidewater Barge Lines, Multnomah County Case No. 19CV54217

Plaintiff was an employee of defendant working on a barge. He was operating a hand winch while lashing three barges together when he was hit by a knob on the winch which caused injuries to Plaintiff’s arm, shoulder, neck and hand. The injuries included a damaged ulnar nerve, thoracic outlet syndrome, and vascular symptoms.  He has been unable to return to work.  Plaintiff alleged that defendant was negligent by failing to replace antiquated deck winches, failing to properly train plaintiff on using the winch, failing to supervise plaintiff, failing to warn plaintiff on the dangers of the winch, and failing to provide a safe workplace.  Plaintiff sought $3,653,596 in economic damages for past and future lost wages and medical bills and $12,000,000 in non-economic damages.

Defendant admitted that Plaintiff was injured while operating the winch, and that he is no longer able to work as a seaman. However, Defendant argued that the injury was due to Plaintiff’s negligence.

Verdict - $11,401,000.00 

Other Trials

Derby v. Columbia County et al., Multnomah County Case No. 19CV17239

This case involved claims of negligence and negligent infliction of emotional distress by plaintiffs’ Michael and Janice Derby.  Plaintiffs filed these claims against Columbia County and individually named defendant employees.

William Derby, who was not a party to this lawsuit, was incarcerated in the Columbia County Jail from February 3, 2016 to September 21, 2016 and again from February 7, 2017 to April 4, 2017. Plaintiffs’ alleged that William Derby’s treatment while incarcerated in the Columbia County Jail caused his mental health to deteriorate to such an extent that he became a substantial risk of being violent and causing physical harm to the general public and that the corrections and jail staff knew or should have known that their actions created that danger. Plaintiffs also alleged that probation officers negligently obstructed William Derby’s access to mental health treatment from January through April 2017, and they knew or should have known that their actions would cause a substantial risk William Derby would cause physical harm to the general public. On April 16, 2017, William Derby, plaintiffs’ son, assaulted plaintiff Janice Derby with a fillet knife.

Columbia County and its employees denied that their treatment of William Derby at any time was negligent and they denied that anything they did or did not do caused William Derby to assault his mother, Janice Derby. Columbia County and its employees also denied that the criminal assault by William Derby on Janice Derby was reasonably foreseeable to defendants.

Verdict - $450,571.89.

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