Copyright 2001 Jury Verdicts Northwest Inc.

Oregon Litigation and Arbitration Reports

MIRIAM FRESK V. NATHAN KRAEMER

Case No. 0001-00693

Jury Trial Date: February 12, 2001

Date of Publication: October, 2001

TOPIC: REAR END COLLISION–ADMITTED LIABILITY; NECK & BACK INJURIES.

RESULT: PLAINTIFF VERDICT for $ 38,637. (Verdict included $ 2,930 compensatory damages, $ 33,637 attorney fees and $ 1,922 in costs. No new trial currently requested.).

INJURY: Cervical strain; neck and upper back strains. Treated with chiropractor for four (4) months.

SPECIALS: Med. $ 306; Lost Wages – none; Days Work Lost – none; Days in Hosp. – none.

STATE: Oregon

COUNTY: Multnomah

TRIAL JUDGE: Hon. Michael H. Marcus

PLAINTIFF ATTORNEY(S): Michael H. Bloom of Bloom & Schuckman (Portland).

DEFENDANT ATTORNEY(S): J. P. Harris of Harris, Wyatt & Amala (Salem).

SUMMARY: 12/14/98 – Plff, female age 49, marketing and promotions. Plff contended Def.’s vehicle struck Plff’s vehicle from the rear.

PLAINTIFF MEDICAL EXPERT(S): Mark Walsh DC (Chiropractor) Portland.

DEFENDANT MEDICAL EXPERT(S): John White MD (Neurologist) Salem.

DEFENDANT EXPERT(S): John Meyer (Accident Reconstruction) Corvallis.

INSURANCE: Progressive

OFFER: $ 3,806. At post trial the insurer contended settlement offer constituted a valid tender.

DEMAND: $ 4,000 pre-litigation. Plff asked jury for $ 5,500 (ORS 20.080 demand).

TRIAL-TIME: 2-day trial