Copyright 2005 Jury Verdicts Northwest Inc.
Oregon Litigation and Arbitration Reports
MICHELLE FINN V. KATHLEEN J. FIELDER
Case No. 0306-05772
Jury Trial Date: June 29, 2005
Date of Publication: October, 2005
TOPIC: REAR END COLLISION (MULTIPLE VEHICLES); NECK & BACK INJURIES; POST-TRAUMATIC STRESS DISORDER.
RESULT: PLAINTIFF VERDICT for $ 36,808. (Plff settled with the driver of the other vehicle prior to trial for $ 23,500 new money. She then proceeded to trial against the Def. The Def. refused to settle with Plff by waiving the PIP claims, claiming that Plff’s statement that she thought the impact was nothing more than a “love tap” meant that she was not injured. Plff’s counsel argued that regardless of the opinion of the Plff, both vehicles caused the Plff’s injuries and the percentage of liability should be split 50-50 between the two drivers. Comparative negligence of each driver was 50%. No new trial presently pending.).
INJURY: Mid-back, low-back and neck strains. Post-traumatic stress disorder.
SPECIALS: Med. $ 27,308; Lost Wages $ 10,000; Days Work Lost – 6 months; Days in Hosp. – 2 days (Def. claimed that an isolated three day hospital visit months after the accident in which the Plff incurred the lions share of her medicals was unrelated to the accident).
TRIAL JUDGE: Hon. Jack Billings
PLAINTIFF ATTORNEY(S): Michael H. Bloom (Lake Oswego).
DEFENDANT ATTORNEY(S): Larry Dawson, Dawson & Dawson (West Linn).
SUMMARY: 6/2/01 – Plff, female age 23, florist. Plff was the passenger in a vehicle driven by her Def. who is Plff’s sister-in-law. Plff contended that when traffic came to a stop, the Def. could not stop her vehicle in time and rear-ended the vehicle in front of her and was then struck from the rear by another vehicle in a three (3) vehicle collision.
PLAINTIFF MEDICAL EXPERT(S): Andre KnustGriacen DC (Chiropractor) San Jose CA; Stephen Kimberley MD (Internal Medicine) Eugene.
PLAINTIFF EXPERT(S): John Myers (Engineer) Corvallis.
OFFER: None. Def. asked jury for defense verdict.
DEMAND: Waive PIP reimbursement.
TRIAL-TIME: 2-day trial