Copyright 2001 Jury Verdicts Northwest Inc.

Oregon Litigation and Arbitration Reports

LAURA BOGDAN V. JEFFREY WITTLER

Case No. 9805-03553

Jury Trial Date: September 25, 2000

Date of Publication: October, 2001

TOPIC: SIDESWIPE COLLISION–ADMITTED LIABILITY; FRACTURED HIP.

RESULT: PLAINTIFF VERDICT for $ 118,613.

INJURY: Minimally displaced hip fracture; no surgery and right leg pain. After four months Plff began feeling pain in the right leg. She contended the right leg pain was related (disputed).

SPECIALS: Med. $ 27,732; Lost Wages – none. (Plff contended she lost $ 80,000 earning capacity as result of the accident. Def. countered that her income from her art school in the decade proceeding the accident was less, which amounted to less than $ 1,000 per year. Plff responded that it was her choice to perform work at income well below her earning capacity to earn more, and now that capacity has been impaired; Days in Hosp. – 14 days.

STATE: Oregon

COUNTY: Multnomah

TRIAL JUDGE: Hon. Nely Johnson

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

DEFENDANT ATTORNEY(S): Steve Rickles of Holmes & Rickles (Portland).

SUMMARY: 4/27/98 – Plff, female age 69, retired. Plff contended her vehicle was broadsided by Def.’s vehicle.

PLAINTIFF MEDICAL EXPERT(S): Dwight Freeman MD (Orthopedist) Portland.

DEFENDANT MEDICAL EXPERT(S): Paul Tesar MD (Orthopedist) Portland.

INSURANCE: Crawford & Company

OFFER: $ 75,000 inclusive. Both attorneys attempted to settle during trial, but respective clients would not consent. Def. asked jury for reasonable amount.

DEMAND: $ 100,000 pre-trial; $ 125,000 morning of trial. Plff asked jury for reasonable amount.

TRIAL-TIME: 4-day trial