Copyright 2008 Jury Verdicts Northwest Inc.

Oregon Litigation and Arbitration Reports

ROSETTA MENGER V. STATE FARM INSURANCE COMPANY

Case No. CASE NUMBER NOT AVAILABLE

Arbitration Date: : March 4, 2008

Date of Publication: June, 2008

2008 Ore. Arb. Dec. LEXIS 27

TOPIC: REAR END COLLISION; SHOULDER & NECK INJURIES.

RESULT: PLAINTIFF AWARD for $ 267,751. (The award included $ 100,000 for non-economic damages, $ 25,000 for past lost wages, $ 90,000 for future impaired earning capacity and $ 57,751 for past and future medicals.).

INJURY: Shoulder and neck strains; left sternoclavicular joint instability. At the time of impact, Plff’s right arm was extended back and her head and body were twisted back and to the right.

SPECIALS: Med. $ 33,471; Lost Wages $ 74,687; Days in Hosp. – none; Prop. Damage $ 1,950.

STATE: Oregon

COUNTY: Multnomah

ARBITRATOR: K. William Gibson; Erica Glaser; Timothy Grabe

PLAINTIFF ATTORNEY(S): Michael H. Bloom (Lake Oswego).

DEFENDANT ATTORNEY(S): Gretchen L. Mandekor (Portland).

SUMMARY: 11/16/04 – Plff, female age 43, stagehand. Plff was driving her 2004 Toyota Sienna with her two (2) minor children as passengers. Plff had come to a complete stop for the red light at the intersection of SW Multnomah Boulevard and 45th Avenue when her son, who was seated directly behind her, asked to be handed a soccer snack. Plff contended she was in the process of handing her son the snack when her vehicle was rear-ended by a Volvo station wagon. Plff brought this action for her uninsured motorist benefits.

PLAINTIFF MEDICAL EXPERT(S): Gregory Irvine MD (Orthopedist) Portland; Kristine Griess DO (Family Practice) Tigard.

PLAINTIFF EXPERT(S): Ron Obermeyer (Physician’s Assistant); Andrew Huckfeldt (Vocational Rehabilitation), both Portland.

DEFENDANT MEDICAL EXPERT(S): Thomas Freedland DC (Chiropractor) Tigard.

INSURANCE: State Farm

OFFER: $ 25,000. Def. asked the arbitrators for a reasonable amount.

DEMAND: $ 75,000. Plff asked the arbitrators for a reasonable amount.

TRIAL-TIME: 2-day arbitration