Copyright 1996 Jury Verdicts Northwest Inc.

Oregon Litigation and Arbitration Reports

DONALD BOLAND v. KELLER INDUSTRIES, INC., A FOREIGN CORPORATION & FRED MEYER, INC., A DELAWARE CORPORATION, ET AL

Case No. 9412-08177

Jury Trial Date: January 16, 1996

Date of Publication: April, 1996

TOPIC: FRACTURED NOSE & CHEEKBONE.

RESULT: PLAINTIFF VERDICT for $ 640,564.39. (No new trial presently pending.)

INJURY: Broken nose; broken cheekbone.

SPECIALS: Med. $ 31,542.39; Lost Wages $ 9,022; Days Work Lost – 5 weeks; Days in Hosp. – 4 days.

STATE: Oregon

COUNTY: Multnomah

TRIAL JUDGE: Hon. Robert P. Jones.

PLAINTIFF ATTORNEY(S): Michael H. Bloom; Douglas L. Schaeffer (both Portland).

DEFENDANT ATTORNEY(S): John Holmes & Christopher Hardman of Holmes & Rickles (Portland).

SUMMARY: 3/22/93 – Plff, male age 49, management. Plff placed Def. Keller’s ladder on his wet deck, and it slipped causing him to fall. Plff contended the reason the ladder slipped was defective foot pads. Def. contended Plff was contributorily negligent in placing the ladder on the wet deck, exceeding the weight requirement of the ladder, placing the ladder at too shallow an angle, placing the ladder on unstable ground and failing to read the warning labels.

PLAINTIFF MEDICAL EXPERT(S): Sharon Higgins MD (Ear, Nose & Throat) Sunnyside.

PLAINTIFF EXPERT(S): Keith Cronrath (Accident Reconstruction); Ralph Hudson (Engineer) both Portland.

DEFENDANT MEDICAL EXPERT(S): Jon Ver Halen (Engineer) IL; Bruce Wong (Engineer); Gene Pong (Wood Expert/Micrologist) both Portland.

OFFER: None. Def. asked jury for defense verdict.

DEMAND: $ 200,000 prior to trial; $ 100,000 at trial. Plff asked jury for $ 600,000 plus specials.

TRIAL-TIME: 7-day trial