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.
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.
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