Copyright 2009 Jury Verdicts Northwest Inc.

Oregon Litigation and Arbitration Reports

KENNETH BURDETTE v. GLENN MILLER

Case No. 0705-06126

Trial Date: January 20, 2009

Date of Publication: June, 2009

TOPIC: INTERSECTION COLLISION (BOX TRUCK/DUMP TRUCK)–ADMITTED LIABILITY; FRACTURED RIBS; SHOULDER INJURY.

RESULT: PLAINTIFF VERDICT for $ 358,000. (The award included $ 41,000 for past medical expenses, $ 25,000 for future medical expenses, $ 100,000 in non-economic damages and $ 192,000 in lost earning capacity.).

INJURY: Fractured ribs. Shoulder injury; separated AC joint in left shoulder.

SPECIALS: Med. $ 41,000 (past), $ 25,000 (futures for possible surgery); Lost Wages – The Def. disputed Plff’s injuries and contended that he made no effort to mitigate his damages by returning to work. Plff contended he did not return to work because he needed surgery; Days in Hosp. – 10 days.

STATE: Oregon

COUNTY: Multnomah

TRIAL JUDGE: Hon. Jerry Hodson

PLAINTIFF ATTORNEY(S): Michael Bloom, Law Office of Michael H. Bloom (Lake Oswego).

DEFENDANT ATTORNEY(S): Timothy Heinson of Lachenmeier Enloe Rall & Heinson (Portland).

SUMMARY: 2/27/06 – Plff, male age 52, delivery truck driver. Plff contended the Def. was driving a loaded dump truck on Highway 30 when he ran a red light and “t-boned” his delivery truck.

PLAINTIFF MEDICAL EXPERT(S): Stephen Thomas MD (Orthopedic Surgeon) Aloha; Steve Urman MD (Radiologist) Gresham.

PLAINTIFF EXPERT(S): Robert Male (Economist) Portland.

DEFENDANT MEDICAL EXPERT(S): Paul Tesar MD (Orthopedic Surgeon) Saint Helens.

INSURACE: Unitrin

OFFER: $ 25,000. The Def. asked the jury for a reasonable amount.

DEMAND: $ 100,000. Plff asked the jury for a reasonable amount.

TRIAL-TIME: 2-day trial