Copyright 2005 Jury Verdicts Northwest Inc.

Oregon Litigation and Arbitration Reports

JEAN MARIE HOWELL v. CHRISTOPHER DAVID BOYLE AND CITY OF BEAVERTON

Case No. 3:08-cv-0727-KI

Jury Trial Date: September 22, 2009

Date of Publication: October, 2009

2010 Ore. Jury Verdicts & Sett. LEXIS 145

TOPIC: POLICE NEGLIGENCE; PEDESTRIAN ACCIDENT; FRACTURED BACK, CLAVICLE, LEG, HIPS, RIBS & SCAPULA.

RESULT: PLAINTIFF VERDICT for $ 1,015,000 Less Contributory Negligence of 50% = $ 507,500 net.

INJURY: Fractured back at the T-4 and T-5 vertebrae; fractures to the right occipital condyle. Fractured right tibia and fibula, clavicle and scapula; fractures to the left and right sacroiliac joints and left ribs.

SPECIALS: Med. $ 480,952; Days in Hosp. – 72 days.

STATE: Oregon

COURT: U.S. District Court

TRIAL JUDGE: Hon. Garr M. King

PLAINTIFF ATTORNEY(S): Michael Bloom, Attorney at Law (Lake Oswego).

DEFENDANT ATTORNEY(S): Gerry Warren, Law Office of Gerald Warren (Salem).

SUMMARY: 2/9/07 – Plff, female age 27, sales clerk. At approximately 11:15 p.m., Plff and her brother, Michael Howell, attempted to cross Tualatin Valley Highway at its intersection with SW 141st. While they attempted to cross, Plff was struck by the Defs.’ police cruiser. The Defs. contended that the cause of the accident was Plff’s attempt to cross Tualatin Valley Highway at night wearing dark clothing that made it difficult for her to be seen. Plff contended that the cause of the accident was Def. Boyle’s failure to keep a proper look out and traveling at an excessive speed.

PLAINTIFF MEDICAL EXPERT(S): Frederich Tiley MD (Orthopedist) Salem.

PLAINTIFF EXPERT(S): David Karlin (Biomechanical Engineer); Dana Penilton (Life Care Planner), both Portland.

DEFENDANT EXPERT(S): Robert Stearns (Accident Reconstructionist) Salem; Deputy Robert Obenauf (Accident Reconstructionist) Hillsboro.

OFFER: $ 200,000 (shortly before trial). The Def. asked the jury for a defense verdict.

DEMAND: $ 1,000,000.

TRIAL-TIME: 3-day trial