Copyright 1996 Jury Verdicts Northwest Inc.

Oregon Litigation and Arbitration Reports

NICOLE RAPP v. SALLY SUE WAITES & CAMERON FERNAND JUDD

Case No. 9507-05128

Jury Trial Date: July 8, 1996

Date of Publication: November, 1996

TOPIC: FAILURE TO YIELD RIGHT-OF-WAY. FRACTURED ARM.

RESULT: PLAINTIFF VERDICT for $ 20,000 new money. (Def. Judd was found 55% negligent; Def. Waites found 45% negligent. No new trial presently pending.)

INJURY: Broken arm; in cast for 6 weeks. Recovered with no permanency.

SPECIALS: Med. $ 4,103.82 (paid by PIP and waived); Lost Wages none; Days in Hosp. – 1 day.

STATE: Oregon

COUNTY: Multnomah

TRIAL JUDGE: Hon. Robert P. Jones.

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

DEFENDANT ATTORNEY(S): James Tait of Tait & Associates for Def. Judd; Carl Rodrigues of Lehner, Mitchell, Rodrigues & Sears for Def. Waites (both Portland).

SUMMARY: 5/21/94 – Plff, female age 17, student. Plff was a passenger in a vehicle driven by Def. Judd. Plff contended Def. Waites, traveling in the opposite direction, crossed Judd’s lane of traffic and Judd struck Waites. Def. Judd contended Def. Waites failed to yield right-of-way by crossing in front of Judd’s vehicle. Def. Waites contended Def. Judd was driving at an excessive rate of speed and had he been doing the speed limit, the accident would not have occurred.

PLAINTIFF MEDICAL EXPERT(S): John Myers (Accident Reconstruction) Corvallis, for Def. Waites; John Biskey (Engineer) Portland, for Def. Judd.

DEFENDANT MEDICAL EXPERT(S): John Myers (Accident Reconstruction) Corvallis, for Def. Waites; John Biskey (Engineer) Portland, for Def. Judd.

OFFER: $ 8,000 (Def. Judd offered $ 4,500 new money; Def. Waites offered $ 3,500 new money.) Def. asked jury for no suggested amount.

DEMAND: $ 15,000 new money. Plff asked jury for $ 60,000 new money.

TRIAL-TIME: 3-day trial