Copyright 2013 Jury Verdicts Northwest Inc.

Oregon Litigation and Arbitration Reports


Case No. 1008-11414

Trial Date: November 14, 2011

Date of Publication: February, 2013

2013 Ore. Jury Verdicts & Sett. LEXIS 35


RESULT: PLAINTIFF VERDICT for $ 45,383. (Plff is appealing the post-judgment offset for the PIP benefits that were paid.).

INJURY: Soft tissue neck and back injuries. Permanency claimed.

SPECIALS: Med. $ 45,383; Prop. Damage $ 2,100.

STATE: Oregon

COUNTY: Multnomah

TRIAL JUDGE: Hon. Christopher Marshall

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

DEFENDANT ATTORNEY(S): David Foster of Hiefield Foster & Glascock (Portland).

SUMMARY: 7/19/09 – Plff, female age 39, unemployed hairdresser. Plff was a passenger in a vehicle driven by the Def., who was her boyfriend, when her rear-ended the vehicle ahead of him. Her boyfriend claimed that he had to take his eyes off of the roadway to remove a bee that was in the process of stinging him on his leg. The case was complicated by the fact that Plff’s pain management physician reported that Plff was discontinued from treatment because she tested positive for cocaine use. The Def.’s neurosurgeon, Dr. Bergquist, also testified that Plff was exhibiting drug seeking behavior. On cross examination, Dr. Bergquist disclosed that he had personal knowledge with seeking behavior. He is a recovering drug addict. He used morphine, marijuana and LSD while in medical school. The case had other complicating factors. The jury voiced difficulty understanding why a girlfriend would sue her boyfriend which she was still living with. In addition, both Plff and the Def. did not show up for the second day of trial until right before lunch, only to announce to the jury that they had overslept.

PLAINTIFF MEDICAL EXPERT(S): Caroline Reay MD (Family Practice-live testimony) Portland.

DEFENDANT MEDICAL EXPERT(S): Bradley Bergquist MD (Neurosurgeon) Hillsboro; Rodney Belkin MD (Ra-diologist) Vancouver WA, both live testimony.


OFFER: $ 5,000. The Def. asked the jury for a reasonable amount.

DEMAND: $ 20,000. Plff asked the jury for $ 100,000.

TRIAL-TIME: 3-day trial