Copyright 2008 Jury Verdicts Northwest Inc.

Oregon Litigation and Arbitration Reports

ELEYCE BENHAM V. FARMERS INSURANCE

Case No. CASE NUMBER NOT AVAILABLE

Arbitration Date: December 13, 2007

Date of Publication: May, 2008

TOPIC: INTERSECTION COLLISION; NECK & BACK INJURIES.

RESULT: PLAINTIFF AWARD for $ 110,834.

INJURY: Neck and back strains; situational depression and anxiety. Exacerbation of migraine headaches; tremors.

SPECIALS: Med. $ 10,834; Days Work Lost – 6 weeks; Prop. Damage $ 3,500; General Damages $ 100,000.

STATE: Oregon

COUNTY: Clackamas

ARBITRATOR: Alan Bonebrake

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

DEFENDANT ATTORNEY(S): Sarah Colbach of Zipse Elkins & Mitchell (Portland).

SUMMARY: 5/18/05 – Plff, female age 59, mental health counselor. This accident occurred at approximately 1:50 p.m. at the uncontrolled intersection of N. Denver Avenue and N. Willamette Street in Portland, Oregon. Plff was proceeding northbound on N. Denver Avenue in her 1978 Triumph TR-7. An uninsured motorist was traveling southbound on N. Denver Avenue in a 2000 Subaru Outback SUV. Both vehicles approached the intersection of N. Denver Avenue and N. Willamette Street at the same time. Plff contended that as she entered the intersection, the uninsured motorist suddenly and without warning cut across the path of her vehicle. The uninsured motorist’s SUV struck the front end of Plff’s ve-hicle, stopping it dead in its tracks. The SUV continued moving forward, driving up into the vehicle’s hood and toward the driver’s side windshield.

PLAINTIFF MEDICAL EXPERT(S): Robert Rosenbaum MD (Neurologist) Portland; Steve Urman MD (Radiologist) Gresham.

DEFENDANT MEDICAL EXPERT(S): Dejan Dordevich MD (Internal Medicine) Portland; David Wilson MD (Otolaryngologist) Portland.

INSURACE: Farmers

OFFER: $ 10,000. Def. asked for $ 10,000. Settlement Judge Robert Neuberger recommended $ 40,000.

DEMAND: $ 50,000. Plff asked for $ 100,000.

TRIAL-TIME: 2-day arbitration