Copyright 2006 Jury Verdicts Northwest Inc.

Oregon Litigation and Arbitration Reports

BRIAN MOE AND CHRISTOPHER MOE V. PROGRESSIVE INSURANCE COMPANY

Case No. 0409-09818

Jury Trial Date: March 13, 2006

Date of Publication: May, 2006

TOPIC: REAR END COLLISION — *ADMITTED LIABILITY; NECK & BACK INJURIES; POST-CONCUSSIVE SYNDROME.

* Admitted Liability – for the accident but denied Plffs’ injuries. No new trial presently pending.

RESULT: PLAINTIFF VERDICT for $ 227,462. (Verdict included $ 26,662 for Plff Christopher and $ 200,299 for Plff Brian.).

INJURY: Plff Brian: soft tissue neck and back injuries; non-surgical injury to his L5-S1 disc. Post-concussive syndrome. Plff treated for nine (9) months then treated again a year later when a second accident aggravated his injuries. The Def. argued that Plff Brian’s soft tissue injuries resolved nine (9) months after the accident. Plff Christopher: soft tissue neck and back injuries that required four (4) months of chiropractic treatment. Plff contended his injuries interfered with his ability to play high school water polo and basketball.

SPECIALS: Med. $ 24,611 Plff Brian (disputed, Def. claimed medical bills incurred after the second accident were not related), Plff Christopher $ 6,662; Lost Wages $ 24,308 (disputed); Days in Hosp. – none; Prop. Damage $ 1,500.

STATE: Oregon

COUNTY: Multnomah

TRIAL JUDGE: Hon. Kathleen Dailey

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

DEFENDANT ATTORNEY(S): Carl Rodrigues of Lehner & Rodrigues (Portland).

SUMMARY: 9/26/02 – Plff Brian, father age 43, plumber. Plff Christopher, minor son age 15, high school student. Plffs contended they were passengers in a vehicle that was struck from the rear by an uninsured driver.

PLAINTIFF MEDICAL EXPERT(S): Shawn Harrington DC (Chiropractor); Paul Miller DO (Manipulative Medicine), both Lake Oswego; Steve Urman MD (Radiologist) Portland.

DEFENDANT MEDICAL EXPERT(S): Edward Grossenbacher MD (Orthopedist) Portland.

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

DEMAND: $ 85,000 Plff Brian, $ 15,000 Plff Christopher. Plffs asked the jury for $ 250,000 for Plff Brian and $ 25,000 for Plff Christopher.

TRIAL-TIME: 3-day trial