Oregon Imputed Fault Law

Mark Snyder v. State Farm Mutual Automobile Insurance Company

<h2> Portland, Oregon bad faith breach of insurance contract law lawyer represented the Plaintiff. </h2> On July 17, 2002 Plaintiff Mark Synder ("Snyder") was riding a bicycle when he was struck by a motor vehicle driven by Chris Knight ("Knight"). Knight was at fault in causing this accident. As a result of this accident, Snyder suffered very serious spinal injuries which left h... More...

$0 (10-08-2024 - OR)

Alisa Larsen v. Sanofi-Aventis U.S. LLC, et al.

<h2> Portland, Oregon personal injury lawyers represented the Plaintiff who sued on a product liability theory. </h2> Oregon law limits damages in some product liability cases. The state's modified comparative negligence rule states that if you were 50 percent or less to blame for causing an accident, you may still recover damages, but tho... More...

$0 (06-10-2024 - OR)

Dr. Daniel Rodriquez v. Little Giant Ladder Systems, LLC

Portland, Oregon personal Injury lawyer represented the Plaintiff on a product liability theory. Oregon's product liability laws require a plaintiff to be no more than 50 percent at fault to be awarded damages. If you think you have a products liability claim, it is very important to protect and preserve the product as much as possible, and prevent any avoidable deterioration or change in... More...

$1 (02-16-2024 - OR)

Melanie Loveland v. Baljinder Singh and Northwest Freightway Inc.

Portland, Oregon personal injury car wreck lawyer represented the Plaintiff who sued the Defendants on auto negligence theory claiming to have suffered more than $75,000 in damages and/or injuries. This case was filed in the Multnomah County Circuit Court, 22CV25585, and was removed to federal court by the Defendants. Oregon Auto Negligence Law Overview: Oregon law refer... More...

$1 (12-05-2023 - OR)

Tamika Herbert v. Benjamin Craig and Iron Mountain Information Management Services, Inc.

Portland, Oregon personal injury car wreck lawyer represented the Plaintiff who sued the Defendants on auto negligence theory claiming to have suffered more than $75,000 in damages and/or injuries. This case was filed in the County of Multnomah, 21CV31232, and was removed to federal court by the Defendants. Oregon Auto Negligence Law Overview: Oregon law refers to the l... More...

$1 (12-28-2023 - OR)

Damonica Moore v. Rite Aid Hdqtrs. Corp., et al.

Portland, Oregon personal injury lawyers represented the Plaintiff who sued the Defendants on auto negligence theories. Oregon auto negligence law is the body of law that governs car accidents and injuries in Oregon. It is based on the principle that drivers have a duty to operate their vehicles safely and that they are responsible for any damages they cause by violating that duty. <b... More...

$1 (09-28-2023 - OR)

Shanna Golden v. FedEx Freight, Inc.

Pendleton, Oregon personal injury truck wreck lawyers represented the Plaintiff who sued the Defendants on auto negligence theories. This case was filed in the Multnomah County Circuit Court, 21CV48699, and was removed to federal court by the Defendants. Plaintiff, Shanna Golden, claimed $435,000 in damages and/or injuries. Oregon car wreck law is a complex area of ... More...

$1 (09-25-2023 - OR)

John Watkins v. Georgia-Pacific Wood Products, L.L.C.

Portland, Oregon personal injury lawyer represented Plaintiff who sued Defendants on negligence theories. Oregon follows a modified comparative negligence system when it comes to personal injury cases. This means that a plaintiff can still recover damages even if they are partially at fault for their own injuries, as long as their fault is less than or equal to the combined fault of the d... More...

$0 (07-25-2023 - OR)

Ashley Rae Boyd v. Allergan, PLC

Eugene, Oregon personal injury lawyer represented Plaintiff who sued defendant on a product liability theory. Allergan plc is an American, Irish-domiciled pharmaceutical company that acquires, develops, manufactures and markets brand name drugs and medical devices in the areas of medical aesthetics, eye care, central nervous system, and gastroenterology. The company is the maker of Botox.... More...

$0 (07-06-2023 - OR)

Sarah Meyer and Gail Wooldridge v. State of Oregon

Plaintiffs, Sarah Meyer and Martin Wooldridge, appeal from a general judgment dismissing their action against defendants Oregon State Lottery (the Lottery), Jill Goldsmith, Larry Niswender, Tessa Sugahara, John Kroger, and Craig Durbin.1 Plaintiffs assert five assignments of error. We reject plaintiffs’ fourth assignment of error without written discussion and write only to address their remaini... More...

$0 (07-05-2018 - OR)

Angela Johnson Musa v. Dr. Carrie Miles and Dr. Joseph Elia

This appeal involves a dispute over attorney fees in an action on an automobile insurance policy. Plaintiff sued defendant for personal injury protection (PIP) and uninsured motorist (UM) benefits under his automobile insurance policy with defendant after he was involved in a motor vehicle accident with an uninsured driver. The only issues remaining in the case after court-annexed arbitration and ... More...

$0 (07-16-2018 - OR)

Matthew J. Mason v. BCK Corporation

Plaintiff appeals from a limited judgment that, on a motion for summary judgment, dismissed his liquor liability claim against defendant BCK Corporation, the operator of Duffy’s Irish Pub. Plaintiff had alleged that defendant had overserved Mullenix while she was visibly intoxicated and that he was later injured while a passenger in a car that Mullenix drove. Defendant sought summary judgment, a... More...

$0 (07-16-2018 - OR)

Douglas Ossanna v. Nike, Inc.

Plaintiff is a licensed electrician who previously worked for defendant, Nike, Inc., in its maintenance department. Defendant fired plaintiff after he used one of defendant’s on-site basketball courts at a prohibited time. In response, plaintiff sued defendant for, among other things, statutory safety complaint and whistleblower retaliation. Plaintiff alleged that defenda... More...

$0 (01-31-2018 - OR)

United States of America v. $11,500 In United States Currency

This appeal is from a civil forfeiture of $11,500 under 21 U.S.C. § 881(a)(6). The claimant and his wife are heroin addicts, who have been buying and selling drugs for most of their lives. When the claimant, through a friend, tried to post the $11,500 as bail for his wife, the government seized the cash. At trial, the government had two theories: first, that the money was ... More...

$0 (09-06-2017 - OR)

Liberty Ann Jones v. Scott V. Mears

Husband appeals a supplemental judgment entered in February 2015 that modified his child support obligation. On appeal, husband argues that the trial court erred in imputing to him potential income of $80,000. Because we conclude that husband invited that purported error, we affirm. Husband and wife have one child. In 2013, husband moved to modify his child support obli... More...

$0 (06-01-2017 - Or)

In the Matter of the Marriage of Cynthia R. SKINNER

Wife appeals a general judgment of dissolution, raising two assignments of error. In her first assignment of error, wife argues that the trial court erred in its award of spousal maintenance support; wife raises two arguments concerning the amount and timing of the award. In her second assignment of error, wife argues that the trial court erred in setting child support base... More...

$0 (06-01-2017 - OR)

Philip C. Lang v. Rogue Valley Medical Center/Asante

Pursuant to ORCP 54 B(1), the trial court dismissed plaintiff’s wrongful death action because it found that plaintiff’s counsel willfully failed to comply with two court orders and that, as a result, dismissal was an appropriate sanction. The Court of Appeals affirmed the resulting judgment without opinion. Lang v. Rogue Valley Medical Center, 276 Or App 610, 369 P3d 45... More...

$0 (06-05-2017 - OR)

In the Matter of the Marriage of John N. Hoffman and Marlees Ravenscroft Hoffman

Wife appeals from a dissolution of marriage judgment, assigning error to the trial court’s custody and spousal support determinations, as well as the court’s award of attorney fees to husband. We affirm the custody and spousal support awards without further discussion. We write only to address the attorney fee issue, and vacate and remand. The relevant facts are mostly ... More...

$0 (05-24-2017 - OR)

Dante R'Marcus Farmer v. Jeff Premo

In this post-conviction relief case, the state1 appeals from a judgment granting petitioner relief on a number of his claims, and remanding the case for a new trial. The state assigns error to the post-conviction court’s rulings on those claims, arguing that petitioner failed to establish, as a matter of law, that he was entitled to relief on any of them. We conclude that... More...

$0 (02-23-2017 - OR)

Kathryn A. McClain v. Safeco Insurance Company of Oregon

Safeco Insurance Company (Safeco) appeals from a judgment that awarded plaintiff recovery of her attorney fees under ORS 742.061. Safeco had sent her a timely letter offering to arbitrate the issues of fault and damages in her underinsured motorist claim. Under those circumstances, Safeco contends that attorney fees are not recoverable because the “safe harbor” exceptio... More...

$0 (03-15-2017 - OR)

Stephanie M. Dowell v. Oregon Mutual Insurance Company

Auto insurers in Oregon must provide personal injury protection (PIP) benefits to their insureds for certain automotive injury-related expenses, regardless of who is at fault in an accident. ORS 742.520(1). The PIP medical benefits at issue in this case “consist of the following payments for the injury or death of each person” covered: “All reasonable and necessary ex... More...

$0 (02-16-2017 - OR)

Christopher S. Barrett v. Union Pacific Railroad Company

The primary question in this case is whether the Due Process Clause of the Fourteenth Amendment permits Oregon to exercise general jurisdiction over an interstate railroad for claims unrelated to the railroad’s activities in this state. The trial court ruled that it could exercise general jurisdiction over the railroad and denied the railroad’s motion to dismiss plainti... More...

$0 (03-02-2017 - OR)

Paul Scott Schwarz v. Philip Morris USA, Inc.

The issue in this “low tar” tobacco case centers on a jury’s award of punitive damages to plaintiff against defendant Phillip Morris USA, Inc. (Philip Morris). Following a trial in 2002, the jury awarded plaintiff $168,514 in compensatory damages and $150 million in punitive damages.1 However, concluding that the trial court had not properly instructed the jury on the... More...

$0 (07-18-2015 - OR)

MONTARA OWNERS ASSOCIATION v. LA NOUE DEVELOPMENT, LLC

This construction defect case presents three issues on review, following certain rulings by the trial court and an award of damages by the jury. First, we consider the proper application of ORS 30.140, a statute that voids overbroad indemnity provisions in construction contracts. The Court of Appeals held that the trial court had erred by invalidating an indemnity provision in its entirety when th... More...

$0 (07-06-2015 - Or)

Eclectic Investments, LLC v. Rihard Patterson

Petitioner on review, Jackson County (the county), seeks reconsideration of our opinion in Eclectic Investment, LLC v. Patterson, 357 Or 25, 346 P3d 468 (2015), in which we affirmed the Court of Appeals and trial court decisions denying the county's common-law indemnity claim. We concluded that, "[i]n cases in which the Oregon comparative negligence statutes apply and in wh... More...

$0 (06-12-2015 - OR)

Tyler Turner v. State of Oregon

Judgment in favor of the State of Oregon and City of Depoe Bay reversed and remanded; otherwise affirmed. As plaintiff was travelling north on State Highway 101 in the City of Depoe Bay, his motorcycle collided with defendant Colip's automobile, which had entered the highway from the east on a road owned by Lincoln County. Plaintiff was severely injured in the accident and, mor... More...

$0 (04-15-2015 - OR)

Eclectic Investments, LLC v. Richard Patterson and Jackson County

Jackson County (the county) is a defendant in this negligence action, in which plaintiff sought damages for damage to its real property. As an affirmative defense, the county alleged that plaintiff was negligent and was itself responsible for the damages that it had suffered. The county also filed a cross-claim against a codefendant (the contractor) seeking common-law indem... More...

$0 (03-18-2015 - OR)

Lane Leonard v. Moran Foods, Inc. d/b/a Save-A-Lot Food Stores

While driving as part of his job as a district manager for defendant Moran Foods on the night of November 1, 2009, defendant Tito Feliciano struck plaintiff's daughter, Lindsay Leonard, with his car as she was crossing Foster Road in Portland in a marked but faded crosswalk under a streetlight that was not working. The collision killed Leonard. Plaintiff, Leonard's father, ... More...

$0 (02-11-2015 - OR)

Judy Johnson v. Joe James

Defendant appeals a judgment in an action for battery and negligence arising from an incident in which defendant engaged in unprotected sexual intercourse with plaintiff without disclosing that he carries the herpes simplex virus-2 (HSV-2), commonly known as genital herpes. Plaintiff consequently became infected with genital herpes and brought this action. Defendant argues,... More...

$0 (02-11-2015 - OR)

Kevin Rains v. Stayton Builders Mart, Inc.

2 Plaintiffs Kevin and Mitzi Rains filed an action against several parties 3 seeking damages for injuries sustained by Kevin when a board on which he was standing 4 broke, causing him to fall 16 feet to the ground. Kevin, who was working as a 5 subcontractor on a construction project, sustained a thoracic T12 vertebrae burst fracture 6 that resulted in paraplegia. Kevin brought cla... More...

$0 (08-13-2014 - OR)

Keely Rae Johnson Fuentes v. Mary L. Tillett

2 This consolidated appeal involves interrelated judgments in two separate 3 actions concerning a conservatorship for Allison Fuentes. The first action, the 4 conservatorship proceeding, was commenced in 1999 in the probate court after the death 5 of Allison's mother; Allison's aunt, Mary Tillett, was appointed conservator and guardian 6 ad litem for Allison. In 2008, Allison's sis... More...

$0 (05-21-2014 - OR)

Family and Estate of Taylor DeWolf, deceased, v. Mt. Hood Skibowl

Family and Estate of Taylor DeWolf, deceased, sued Mt. Hood Skibowl on a negligence theory claiming that the Skibowl's Dog Leg run was labeled as intermediate when it was actually technically should have been considered as expert-level terrain, which was above the 17-year-old's skill level. Defendant denied fault and claimed that the sole cause of the girl's death was her own negligence. ... More...

$0 (12-13-2013 - OR)

Montara Owners Association v. La Noue Development, LLC

The dispute here is a familiar one: a construction defect action by a homeowners association against the developer and general contractor, who then filed third-party complaints against the multiple subcontractors. Most, but not all, of the claims settled. The claims of the developer and general contractor, La Noue Development, LLC (La Noue), against several subcontractors went to trial. Although L... More...

$0 (12-04-2013 - OR)

Bobbi Klutschkowski v. Peacehealth

Plaintiffs brought this medical malpractice action to recover for injuries that their son sustained during delivery. On review, the issues are whether ORCP 59 H limits an appellate court's ability to review objections to a trial court's instructional rulings and whether a statutory cap on noneconomic damages constitutionally can be applied to actions brought by children injured during birth... More...

$0 (09-26-2013 - OR)

Sara Marie Zimmerman v. Allstate Property and Casualty Insurance Company

ORS 742.061(1) provides that, if a settlement of an insurance claim is not made "within six months from the date proof of loss is filed with an insurerâ€ and the insured recovers more than any amount that the insurer has tendered, the insured is entitled to an award of attorney fees. ORS 742.061(3) provides a "safe harborâ€ for the insurer in underinsured motorist (UIM) cases: No ... More...

$0 (11-30--0001 - OR)

Barbara Gilmore v. Melvin Ambrose

2 Father in this dissolution case appeals a supplemental judgment modifying 3 child support. ORS 107.135(1)(a). The trial court, in that judgment, ordered mother to 4 pay child support in the amount of $327 per month. Father asserts that the trial court 5 improperly failed to "impute income to mother in an amount consistent with that monthly 6 income she voluntarily left." In parti... More...

$0 (10-09-2013 - OR)

Kawi Fung Wong v. David V. Beebe

We agreed to hear this case en banc to clarify whether the statute of limitations in 28 U.S.C. Â§ 2401(b) of the Federal Tort Claims Act ("FTCAâ€) may be equitably tolled. We hold that Â§ 2401(b) is not "jurisdictional,â€ and that equitable tolling is available under the circumstances presented in this case. I. BACKGROUND A. Statutory Background The FT... More...

$0 (10-09-2013 - OR)

Bela and Eva Lengyel v. JPMorgan Chase

Bela and Eva Lengyel sued JPMorgan Chase on a breach of contract theory claiming that they were damaged by the failure of JPMorgan Chase to refinance their home in Hillsboro, Oregon. They claimed that they were advise to fault on the note that they had signed and that after doing so they could refinance the note. Bela Lengyel claimed that the contacted the bank in 2008 seeking to lower the month... More...

$10850 (07-19-2013 - Or)

Ashley Schutz v. La Costita, III, Inc.

2 After drinking past the point of intoxication at defendant's bar, plaintiff 3 attempted to drive home and was severely injured when she entered an interstate highway 4 driving in the wrong direction and collided with another car. She brought this action 5 against the bar, alleging negligence for having served her "when she had already 6 consumed excessive quantities of alcohol," ... More...

$0 (05-15-2013 - OR)

Keith Marton v. Ater Construction Company, LLC

2 This case arises out of construction defects in plaintiffs' home. Plaintiffs 3 sued Ater Construction Company, LLC (Ater), the builder of the home. Ater, in turn, 4 filed a third-party complaint against a number of its subcontractors and suppliers, 5 including Marvin Windows, Inc. (Marvin), who manufactured the windows used on the 6 home, and Medallion Industries, Inc. (Medallion... More...

$0 (05-15-2013 - OR)