Copyright 2010 Jury Verdicts Northwest Inc.
Oregon Litigation and Arbitration Reports
RAYMON DOTY v. AMERICAN FAMILY INSURANCE
Case No. CASE NUMBER NOT AVAILABLE
Arbitration Date: : May 7, 2010
Date of Publication: November, 2010
2010 Ore. Arb. Dec. LEXIS 28
TOPIC: WORKSITE ACCIDENT; LEG INJURY.
RESULT: PLAINTIFF AWARD for $ 117,135. (The award included $ 11,742 in past medical specials, $ 21,230 for future surgery, $ 9,163 for future lost wages due to future surgery and $ 75,000 in non-economic damages.).
INJURY: Leg injury; iliotibial band (IT band) injury. Plff claimed he would need a future surgery. The Def. argued that Plff’s injuries were soft tissue only and not significant.
SPECIALS: Med. $ 11,742 (past).
ARBITRATORS: Alan Bonebrake, Timothy Grabe, Troy Bundy
PLAINTIFF ATTORNEY(S): Michael H. Bloom, Attorney at Law (Lake Oswego).
DEFENDANT ATTORNEY(S): Eric Tait, American Family Staff Counsel (Portland).
SUMMARY: 8/9/08 – Plff, male age 31, laborer/foreman. At approximately 2:45 a.m., Plff was working on a crew constructing light rail across the Steele Bridge in Multnomah County, Oregon. Plff contended that the area he was working in was barricaded off when a driver drove into the work zone, striking the side of his body.
PLAINTIFF MEDICAL EXPERT(S): Brook Benz MD (Orthopedic Surgeon) Beaverton.
PLAINTIFF EXPERT(S): Robert Male (Economist) Kamuela HI; Stewart McComb (Physical Therapist) Newberg.
DEFENDANT MEDICAL EXPERT(S): Edward Grossenbacher MD (Orthopedic Surgeon) Portland.
INSURANCE: American Family
DEMAND: policy limits.