Copyright 1999 Jury Verdicts Northwest Inc.

Oregon Litigation and Arbitration Reports


Case No. CCV 98-03386

Jury Trial Date: February 9, 1999

Date of Publication: April, 1999


RESULT: PLAINTIFF VERDICT for $ 105,000. ($ 85,000 noneconomic plus $ 20,000 medicals.)

INJURY: Neck and back strain; C5-6 herniation; headaches. Treated night of accident and discharged; subsequently treated for 4-5 months then stopped. Started treating again approx. 6 months post-accident. Then, 1 1/2 years post-accident developed numbness in fingers. One year after developing numbness in fingers, (2 1/2 years post-accident) Plff had C5-6 disc surgery to alleviate radiculopathy. Def. contended Plff incurred only minor soft tissue injuries, and that radiculopathy was unrelated to accident because symptoms did not manifest until 1 1/2 years after accident. Instead, Def. contended disc injury, if any, was related to aging process, or a subsequent injury doing yard work or motorcycle riding. Plff attorney states jury most likely found C5-6 herniation unrelated to accident because jury failed to award medicals incurred as a result of surgery related to C5-6 herniation that occurred 2 1/2 years post-accident.

SPECIALS: Med. $ 48,476.51 ($ 28,000 surgery for disc herniation); Lost Wages – none; Days in Hosp. – none.

STATE: Oregon

COUNTY: Clackamas

TRIAL JUDGE: Hon. Robert Herndon.

PLAINTIFF ATTORNEY(S): Michael H. Bloom (Portland).

DEFENDANT ATTORNEY(S): Jay Enloe of Lachenmeier, Enloe & Rall (Portland).

SUMMARY: 10/25/95 – Plff, female age 47, small business owner. Plff was westbound on Redland Road. As Plff slowed to make a left turn, she was struck from the rear by Def.

PLAINTIFF MEDICAL EXPERT(S): TRoy Slack MD (Physical Medicine/Rehabilitation) Tualatin; Edward Neuwelt MD (Neurosurgeon-by video) Portland.

PLAINTIFF MEDICAL EXPERT(S): Keith Cronrath (Engineer) Portland.

DEFENDANT MEDICAL EXPERT(S): Joel Seres MD (Neurologist) Portland.

OFFER: $ 21,500 ($ 30,000 inclusive of $ 8,500 PIP lien). Def. asked jury for damages reflecting 4-5 months of treatment for soft tissue injuries.

DEMAND: $ 68,500 ($ 75,000 inclusive of $ 8,500 PIP lien). Plff asked jury for reasonable amount.

TRIAL-TIME: 4-day trial