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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).

STATE: Oregon

COUNTY: Multnomah

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.