Representative Cases – Personal Injury

The following is a selection of cases that represent the breadth of Oregon personal injuury cases handled by attorney Mike , including some interesting examples countered by some of the more “routine.” The client names have been removed to protect confidentiality.

Product Liability – Zooma Scooter

Lawsuit against stand-up gas-powered scooter after handle bar welding failed, causing crash with elbow fracture. Plaintiff received a poor offer and then a dismal arbitration award. Plaintiff appealed to a jury trial. Jury trial result 25 times the arbitration award. Sometimes it takes a jury to sort out a case.

Product Liability/Wrongful Death – G-Max Motorcycle Helmet

Husband and wife were on their motorcycle when negligent driver pulled out in front of them. Wife’s helmet strap webbing failed and her helmet came off. She died of head trauma. Six figure settlement with G-Max distributor.

Motor Vehicle Accident – Rearender Appeal from Arbitration by Farmers Insurance

Farmers appeals arbitration award for a young man with soft tissue injuries to back. Josephine County awards more than arbitration award and several times more than Farmers’ offer. Defense counsel claims verdict is the highest soft tissue award ever for Josephine County.

MVA – Bike struck in crosswalk

Arbitrator rendered a defense verdict due to client riding bike faster than a walk and for entering crosswalk when it read “Don’t Walk.” Defendant was at a red light looking left when he made an unsignalled right turn without looking right. We appealed the arbitrator’s defense judgment and won. Jury found in favor of our client and awarded the requested damages.

Nursing Home Death

Complex litigation involving a for-profit nursing home where a CNA who failed to give anti-seizure medication to Vietnam War veteran several times. He died from seizure. Status: confidential settlement.

ODOT dump truck crashes into car in work zone

An elderly woman was following a dump truck into a work zone. The flagger failed to stop traffic as they entered the work zone and the truck failed to radio ahead that there was traffic with him. The truck pulled off the road while in the work zone and then re-entered the roadway without looking and struck the car causing injuries to her shoulder (requiring surgery on both). ODOT denied liability and paid for expensive litigation with tax funds before paying a reasonable settlement amount. Our firm employed a civil engineer with years of work zone experience to analyze the lack of a proper safety plan.

Wrongful Death – Drunk Driver Kills Teenage Girl

After a party in the hills, a drunk driver rolls his car off of an embankment, seriously injuring his passengers and killing our client’s teenage daughter. The car’s severely intoxicated owner and surviving passengers claim the decedent was driving. Our investigation uncovered a possible conspiracy between the kids to blame the girl who couldn’t speak for herself.  The DA’s Office convicted the car owner for Furnishing Alcohol to a Minor but refused to have the blood in the car analyzed for DNA to establish who was driving. Mike Arnold was able to seize the blood evidence, had DNA tests performed, and hired a passenger kinesiologist to determine the locations of the occupants based on blood location.  The discovery of the car owner’s blood on the steering column led to a negotiated settlement between the injured occupants and the owner’s insurance company.

Drunk Driver rear ends SUV on interstate

Driver who was impaired by alcohol ran into the back of SUV while traveling at a very fast rate of speed. Both vehicles were totaled and client’s back pain got progressively worse, resulting in a fusion surgery. The lawsuit alleged punitive damages for recklessness of driving drunk. Defendant filed for bankruptcy while case was pending. Ultimately the case settled for policy limits from the insurer and an excess judgment in bankruptcy court with a payment plan.

Hip replacement in a young man

Young father broke his hip in a car accident requiring a full hip replacement. Due to his young age, his life expectancy will likely exceed the life expectancy of his artificial hip. Mike Arnold retained experts to opine to the likelihood of future surgeries and the associated costs.  Case settled for policy limits against the adverse driver and policy limits for client’s under-insured motorist protection benefits.