Copyright 2010 Jury Verdicts Northwest Inc.

Oregon Litigation and Arbitration Reports

JAMIE BOWEN v. GRISELDA LOPEZ

Case No. C097736CV

Trial Date: : September 30, 2010

Date of Publication: October, 2010

2010 Ore. Jury Verdicts & Sett. LEXIS 144

TOPIC: REAR END COLLISION; NECK & BACK INJURIES.

RESULT: PLAINTIFF VERDICT for $ 57,656. (The verdict included $ 7,000 in past medical expenses, $ 2,400 for future medical expenses, $ 38,856 in lost earning capacity and $ 12,500 for non-economic damages. No new trial pres-ently pending.).

INJURY: Aggravation of a pre-existing soft tissue neck and back condition. The Def. contended that because the pain and function levels reported by Plff to her chiropractor in the weeks and months prior to the collision were identical to the levels reported by Plff after the collision, the collision did not increase Plff’s pain or disability. Plff asserted that the chiropractor records were form records and not reflective of her actual condition.

SPECIALS: Med. $ 11,484; Lost Wages $ 984; Days Work Lost – 8 days.

STATE: Oregon

COUNTY: Washington

TRIAL JUDGE: Hon. Marco Hernandez

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

DEFENDANT ATTORNEY(S): William Martin of Zipse Elkins & Mitchell (Portland).

SUMMARY: 1/11/08 – Plff, female age 28, water aerobics instructor. Plff contended her vehicle was struck from the rear by the Def.’s vehicle in a low-impact collision. The Def. disputed the nature and extent of Plff’s injuries due to a pre-existing condition.

PLAINTIFF MEDICAL EXPERT(S): Caroline Reay MD (Internal Medicine) Portland.

INSURANCE: Farmers

OFFER: $ 4,000. The Def. asked the jury for a defense verdict, or in the alternative, the medical expenses.

DEMAND: $ 15,000. Plff asked the jury for $ 100,000.

TRIAL-TIME: 2-day trial