Edlin v. Doe et. al. | July 2, 2010

Client sustained a moderate brain injury as well as lacerations of the kidney and liver in a side impact collision. The story of this crash was the subject of two articles in the Oregonian, including front page coverage of the trial verdict. At the time of the verdict, it was the 4th largest auto accident verdict in the past 20 years, with two of the other three higher verdicts involving the death of the plaintiff.

Practice Area: Brain Injury
Plaintiff: Edlin
Outcome: $1,125,000.00 Jury Verdict

Stephens v. Halsey Automotive, Inc. | December 18, 2009

Client sustained mild traumatic brain injury in motor vehicle crash in 2005. The brain injury was missed by client’s neuropsychologist, and then that report was relied upon by her other doctors, all denying she had sustained a brain injury. She continued to have cognitive and balance problems, which are permanent. One year later, believing she had no brain injury due to her multiple doctors denying it, she got on a moped, lost balance and went into oncoming traffic, causing fractures to both arms, fractured ribs, and other injuries. Client’s first attorney withdrew two weeks before trial after client refused $50,000 offer from Farmers Insurance. Plaintiff then hired lawyer Joshua Shulman who referred the case to Dr. DeShaw, who tried the case. After DeShaw took over the case, the offer from Farmers went up to $200,000 one week before trial. The jury verdict after a two week trial was for $367,000, all for the injuries from the first collision in 2005, and did not find the second collision in 2006 to be the responsibility of defendant Halsey Automotive Inc.

Practice Area: Brain Injury
Plaintiff: D. Stephens
Outcome: $367,000

Hensley v. CSC | August 7, 2009

Alleged that over 580 insurers conspired with insurance software manufacturers to intentionally underpay bodily injury claims to policyholders.

Practice Area: Class Action
Plaintiff: Georgia Hensley as class representative
Outcome: Over $400 million in payments to class members

These cases were handled by our office in conjunction with four other law firms nationally. Hensley v. CSC was split off into multiple cases including, but not limited to:

Zareboki v. Hartford Insurance – $215,000,000 settlement
Hunsucker v. American Standard Insurance Company – $52,000,000 settlement
Cazares v. Allstate / CAN Insurance Co. – CV-2009-72-3 – $
Webb v. Liberty Mutual Insurance Company – $15,250,000
Easley v. Ohio Casualty Insurance Company – $5,900,000 (settlement)
Gooding v. Grange Indemnity Insurance Company (CV-2007-456-3) – Increase on all applicable claims of 13%, up to total payout of $5,473,248 (settlement)
Sweeten v. American Insurance Company – Increase on all applicable claims of 14%, up to total payout of $4,200,000 (settlement)
Atkinson v. General Casualty Company of Wisconsin – $2,700,000 (settlement)
Gross v. Graphic Arts Mutual Insurance, Republic Franklin Insurance and UTICA – $2,700,000 (settlement)
Hunter v. American Central Insurance Company – $1,800,000 (settlement)
Hogue v. Federated Mutual Insurance – $ 1,200,000 settlement
Johnson v. Clarendon America Insurance Company – $744,418 (settlement)

Swaim v. Farmers Insurance | January 15, 2009

Underinsured Motorist Arbitration award, for two collisions leading to two shoulder surgeries, a TMJ surgery and chronic pain.

Practice Area: Personal Injury
Plaintiff: G. Swaim
Outcome: $222,000

Lutes v. Rotchy | October 16, 2008

A Clark County jury returned a verdict of $700,000 against the owner of a dump truck that pulled out in front of a woman driving an automobile. While her overt physical injuries, cervical strain and contusions, largely resolved with time, she continued to experience chronic headache, post traumatic stress, depression and personality changes. It was eventually determined that she had suffered a closed-head, mild traumatic brain injury (MTBI). Testimony of family members and co-workers regarding changes in her personality and abilities was important in obtaining this substantial verdict.

Practice Area: Brain Injury
Plaintiff: Elizabeth Lutes
Outcome: $700,000 jury verdict

Carlson v. Safeco

Physician sustained permanent cognitive damage from a mild traumatic brain injury, disabling her from practice. Insurance policy limit was $500,000 and client requested settlement to avoid expert costs for arbitration.

Practice Area: Brain Injury
Plaintiff: E. Carlson
Outcome: $463,000

Osborne v. Thomas Wiser Engineering

Plaintiff sustained severe injuries, including a mild traumatic brain injury, neurological injuries and deforming orthopedic injuries.

Practice Area: Brain Injury
Plaintiff: J. Osborne
Outcome: $400,000

Kutsev v. Farmers Insurance

Business owner sustained a disabling low back injury. Client had previously been disabled from logging in a workers compensation injury approximately 10 years before, but had built a very profitable business after that, which had been damaged from the injuries sustained in this collision.

Practice Area: Personal Injury
Plaintiff: I. Kutsev
Outcome: $308,000

Clevenger v. Smith

Plaintiff was hit by an unlit large tractor disc plow being pulled down the road in the dark, and which was 1/2 way across his lane. The impact cut plaintiff’s Volvo in half, and cut through his arm (which was successfully reattached). Defendant farmer was uninsured, stating in public that he had so much money he didn’t need to be insured. Settlement included $100,000 from a negligent lead vehicle that was approximately 2 miles ahead of the tractor, $50,000 of Uninsured Motorist coverage, and $150,000 in personal assets of the defendant farmer.

Practice Area: Personal Injury
Plaintiff: M. Clevenger
Outcome: $300,000

Shunk v. Shunk

Policy Limit settlement of homeowners claim, for client who sustained a severe brain injury leading to a multiple week coma, and permanent brain damage. Client, and guardian, chose not to litigate against homeowner as it was a relative of the client.

Practice Area: Brain Injury
Plaintiff: C. Shunk
Outcome: $305,000

Additional settlements & verdicts

Bucknell v. Estate of Hammer (Confidential Settlement)
Lutes v. Rotschy Inc. $700,000 trial with Rick Friedman (Initial offer was $7,000)
Carlson v. SAFECO Insurance $463,000 settlement
Osborne v. Thomas Wiser Engineering $400,000 Mediation
Kutsev v. Farmers Insurance $308,000 Underinsured Motorist Arbitration with Jan Baisch
Shunk v. Shunk, $305,000 Policy Limits*
Clevenger v. Smith $300,000 Mediation (In excess of insurance policy limit)*
Swaim v. Farmers $222,___ Underinsured Motorist Arbitration Award

Wang v. State Farm, $145,000 UIM Arbitration Award (In Excess of Insurance Policy Limit)*
McHugh v. Mutual of Enumclaw $116,278.89 Underinsured Motorist Arbitration Award)
Kurtz v. Eric Hepler, Inc. $111,500 settlement
Lingo v. Shaver $110,000 Policy limits + Personal Assets*
Beaudin v. Wahedi $110,000 Policy Limits settlement + UIM settlement*
Bailey v. Sutherland, $105,388.20 verdict on $5,000 offer in Linn County. This was in excess of the defendants policy limit.*
Chimienti v. Healy & Boelter $100,000 policy limits from first defendant + $5,000 from second defendant.*
Torgeson v. Hoerner $100,000 (Policy Limits)*
Wilson v. McDermaid $100,000 (Policy Limits)*
Wang v. Travelers Insurance $100,000 (Policy Limits)*
Walker v. Sampson $100,000 (Policy Limits)*
Olinger v. Nationwide Insurance $100,000 (Policy Limits)*
Nicosia v. Locey $100,000 (Policy Limits)*
Lovering v. Montplaisir $100,000 (Policy limit)*

Multiple more jury verdicts, arbitration awards, and settlements for policy limits at or below $100,000

* The term “Policy Limits” indicates that all available insurance was obtained and that no further assets could be obtained in the case. As a result, the case was settled for the maximum amount available to the client. In multiple cases our jury verdicts and arbitration awards have been in excess of the insurance company policy limit.