Copyright 2002 Jury Verdicts Northwest Inc.
Oregon Litigation and Arbitration Reports
JAMI GOLD, PR OF THE ESTATE OF TITH MAO V. DANIEL GENE CURTISS, WILDISH CONSTRUCTION INC.
Case No. 0002-01558
Jury Trial Date: May 19, 2002
Date of Publication: July, 2002
TOPIC: WORKSITE ACCIDENT (FAILURE TO PROTECT); DEATH.
RESULT: PLAINTIFF VERDICT for $ 2,755,931. (Verdict in included $ 2,000,000 non-economic; $ 755,931 economic. Prior to trial Plff settled with Def. construction company, Wildish, for $ 600,000 and proceeded to trial against the driver. At trail, the Def. blamed the construction company, Wildish. The jury, however, allocated no fault to Def. construction company.).
TRIAL JUDGE: Hon. Frank L. Bearden
PLAINTIFF ATTORNEY(S): Michael H. Bloom & Lawrence Schuckman of Bloom & Schuckman (Portland).
DEFENDANT ATTORNEY(S): Thomas MacNair (Portland) for Daniel Curtiss; Bill Stockton (Portland) for Wildish.
SUMMARY: 7/14/99 – Plff, decedent, male age 29, highway striper. At approximately 11:45, while working as a striper as part of the Tualatin I-5 freeway construction project, the decedent, Tith Mao was struck and killed by a driver that swerved into the construction zone. Plff was not married at the time of the accident but has two (2) children from separate marriages: a girl 12 years old and a boy 2 years old. Plff contended that Def. construction company, Wildish was at fault for failing to adequately protect the workers and warn traffic of the work zone. Plff contended that the driver was at fault for driving too fast and failing to keep a proper lookout.
PLAINTIFF EXPERT(S): Robert Male (Economist) Portland.
DEFENDANT EXPERT(S): Tom Jones (Engineer) Portland.
OFFER: $ 300,000.
DEMAND: $ 1,000,000.
TRIAL-TIME: 3-day trial