Oregon Intentional Tort Law
 

Alana Marie Souza, et al. v. Brick House, Inc.

Eugene, Oregon intellectual property lawyers represented the Plaintiffs who sued the Defendant on a 15 U.S.C. 1125 Trademark Infringement (Lanham Act) violation theory.

15 U.S.C. 1125 provides:

(1) Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any... More...
   $0 (12-10-2023 - OR)

Jose Casiano Sosa v. State Farm Mutual Automobile Insurance Company

Eugene, Oregon insurance law lawyers represented the Plaintiff who sued the Defendant on a bad faith breach of insurance contract theory.


Sosa was injured by an uninsured motorist while driving a vehicle he owned that was covered by a State Farm policy. State Farm paid out to Sosa the maximum damages available under that policy. Sosa, however, also holds State Farm policies insuring... More...
   $0 (09-22-2023 - OR)

Brent Moschetti v. United States of America

Portland, Oregon personal injury lawyer represented Plaintiff, who sued Defendant United States of America on a Federal Tort Claims Act auto negligence theory claiming to have suffered more than $782,000 in injuries and/or damages as a direct result of an accident.... More...    $0 (02-04-2022 - OR)

Kyle Thompson v. United States of America

Portland, Oregon personal injury wrongful death lawyer represented Plaintiff, who sued Defendant on a Federal Tort Claims Act medical malpractice theory claiming to have suffered $2 million in damages and/or injuries as a direct result of substandard health care provided to Michael Eugene McGinness.... More...    $0 (10-20-2021 - OR)

Maria Moya-Guzman v. United States of America

Portland, OR - Maria Moya-Guzman sued the United States of America on a Federal Tort Claims Act personal injury auto negligence theory claiming to have suffered $95,000 in damages and injures as a direct result of a car wreck caused by a federal government employee.... More...    $1 (01-08-2020 - OR)

Ronald G. Smith v. United States of America

Eugene, OR - Ronald G. Smith sued th United States of America on a Federal Tort Claims Act personal injury auto negligence theory claiming to have been injured and/or damaged in a car wreck caused by a federal government employee.

Plaintiff claimed $989,000 in damages.... More...
   $1 (11-18-2019 - OR)

Cheyenne L. Rico v. United States of America



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Portland, OR - Cheyenne L. Rico sued United States of America on ... More...
   $0 (10-07-2019 - OR)

Raine Hall v. United States of America



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Portland, OR - Raine Hall sued the United States of America on a Federal Tort Claims Act pe... More...
   $0 (09-18-2019 - OR)

Rebecca Dikes v. United States of America


Portland, OR - Rebecca Dikes, personal representative of the Estate of Shawn E. Dikes, sued the United States of America on a Federal Tort Claims Act medical malpractice theory.


05/01/2019 46 MINUTES of Pr... More...
   $0 (07-30-2019 - OR)

Sarah Meyer and Gail Wooldridge v. State of Oregon

Marion County Courthouse - Salem, 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 remaining... More...    $0 (07-05-2018 - OR)

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

Multnomah County Courthouse - Portland, Oregon

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

Linn County Circuit Courthouse - Albany, Oregon

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, ass... More...    $0 (07-16-2018 - OR)

The Estate of Jesse Austin Trader v. United States of America

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The Estate of Jesse Austin Trader sued the United States of America on a federal tort claim personal injury auto negligence theory.... More...    $0 (03-23-2018 - OR)

Angela L. Hayden and Joshua D. Buttrum v. United States of America

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Sacramento, CA - Angela L. Hayden and Joshua D. Buttrum sued The United States of America on auto negligence Federal Tort Claim Act theories.

Some Docket Entries for this case:

Date Filed # Docket Text
02/08/2018 23 PROPOSED ORDER re Unopposed Request to Excuse In-Person Attendance at Settlement Conference by United States of America. (Kim, Chi Soo) (Entered: 02/08/2018)More...
   $0 (03-01-2018 - OR)

Douglas Ossanna v. Nike, Inc.

Oregon Supreme Court Building - Eugene, Oregon

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 defendant... More...
   $0 (01-31-2018 - OR)

Martin Allen Johnson v. Jeff Premo

In a two-phased jury trial, petitioner was convicted
of aggravated murder and sentenced to death for killing
a fifteen-year-old girl, HF. The state’s theory of the case
was that petitioner had killed HF intentionally in furtherance
of, or in an effort to conceal, the commission of sexual
offenses against her. This court affirmed his convictions and
sentence. State v. Johnso... More...
   $0 (08-03-2017 - OR)

Larisa's Home Care, LLC v. Karen Nichols-Sheilds

The issue presented is whether an adult foster care
provider claiming unjust enrichment may recover the reasonable
value of its services from a defendant who, through
fraud, obtained a lower rate from the provider for the services.
We conclude that, generally, a defendant who obtains
discounted services as a result of fraud is unjustly enriched
to the extent of the reasonab... More...
   $0 (11-09-2017 - 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)

Joseph L. Smith v. Providence Health & Services - Oregon d/b/a Providence Hood River Memorial Hospital, d/b/a Providence Medical Group, et al.

After suffering permanent brain damage from a
stroke, plaintiff Joseph Smith brought this medical negligence
action, alleging that, because doctors had not taken
proper steps to follow up on his complaints of stroke symptoms,
he lost a chance for treatment that, in one-third of
cases, provides a patient with no or reduced complications
following the stroke. Reviewing the co... More...
   $0 (05-11-2017 - OR)

Veronica Hernandez-Nolt v. Washington County

In this wrongful discharge case, plaintiff appeals
the trial court’s judgment in favor of plaintiff’s former
employer, defendant Washington County.1 Plaintiff asserts
that the trial court erred when it granted a directed verdict
to the county based on its conclusion that plaintiff was
not fulfilling an important public duty, which is a required
element of a wrongful dischar... More...
   $0 (02-08-2017 - OR)

Lanny Earl Brenner v. Mark Nooth

Defendant Mark Nooth, superintendent of the
Snake River Correctional Institution (the state), appeals a
post-conviction court judgment concluding that petitioner’s
trial attorney provided inadequate representation during
his criminal trial for sexual abuse in the first degree, ORS
163.427, and granting petitioner post-conviction relief. The
state argues that key evidence of... More...
   $0 (02-23-2017 - OR)

Jose H. Lizarraga-Regalado v. Jeff Premo

Petitioner appeals a judgment denying post-conviction
relief. He assigns error to the trial court’s dismissal, by way
of summary judgment, of his claim based on criminal trial
counsel’s failure to challenge the giving of a “natural and
probable consequences” uniform jury instruction identical
to that which the Oregon Supreme Court later disapproved
in State v. Lopez-Minjare... More...
   $0 (03-01-2017 - OR)

Jeffrey Dale Tiner v. Jeff Premo

Petitioner was found guilty by a jury of two counts
of aggravated murder, one count of intentional murder,
and a number of other crimes. He sought post-conviction
relief on a variety of claims. The post-conviction court
denied relief on all of petitioner’s claims involving the guilt
phase of petitioner’s criminal trial but granted relief on
his penalty-phase claims and void... More...
   $0 (03-01-2017 - OR)

Neal Kaste v. Land O'Lakes Purina Feed, LLC

Plaintiffs Neal and Nancy Kaste operate a dairy
farm in Tillamook County, and contracted with defendant,
Land O’Lakes Purina Feed LLC, to provide them with feed
for their dairy cows. That feed sickened a number of plaintiffs’
cows and killed others, causing plaintiffs to incur veterinary
expenses to care for the cows as well as other losses.
Plaintiffs sued defendant, alleg... More...
   $0 (03-08-2017 - OR)

Ray F. Kastle v. Salem Hospital

This appeal concerns the application of the statute
of limitations to a complaint for medical malpractice involving
newly added defendants. Plaintiff alleged that negligent
treatment of low sodium levels in his blood serum caused
him to develop a neurological disorder, central pontine
myelinolysis (CPM). Invoking ORCP 21 A(9),1 defendants
moved to dismiss the complaint as b... More...
   $0 (03-15-2017 - OR)

Dylan Robbins v. City of Medford

Plaintiff was seriously injured when he was hit by
a car while crossing South Riverside Avenue at its intersection
with Ninth Street in Medford. There are no traffic signals
controlling that intersection, but the City of Medford
has installed a crosswalk across South Riverside Avenue on
the south side of the intersection. Plaintiff was in that crosswalk
when he was hit, and... More...
   $0 (03-29-2017 - OR)

Tobby A. Stoltz v. Liberty Northwest Insurance Corporation

In this workers’ compensation case, claimant
seeks judicial review of a final order by the Director of the
Department of Consumer and Business Services (DCBS)
denying claimant’s request for attorney fees and penalties
against insurer, Liberty Northwest (Liberty). Claimant
sought sanctions after Liberty failed to timely deliver payment
on his workers’ compensation claim, whi... More...
   $0 (03-29-2017 - 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 expenses... More...
   $0 (02-16-2017 - OR)

A&T Siding, Inc. v. Capitol Specialty Ins. Corp.

The Brownstone Homes Condominium Association discovered defects in the construction of its 26-building condominium complex, including wood decay, flashing delamination, and water penetration. In consequence, Brownstone initiated a negligence action against the general contractor who built the complex, as well as one of its subcontractors, A&T Siding. Brownstone estimated that A&T’s share of the co... More...    $0 (10-09-2015 - 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 issue... More...
   $0 (07-18-2015 - OR)

United States of America v. Steven Metheny

MEDFORD, OR - Steven Metheny, 45, Medford, Oregon was sentenced to 12.5 years in federal prison by U.S. Chief District Court Judge Ann Aiken after his convictions for conspiracy to commit mail and wire fraud and the making of false statements in defrauding the United States Forest Service in procuring helicopter firefighting contracts in 2008.

Levi Phillips, 48, Grants Pass, Oregon, was a... More...
   $0 (06-16-2015 - 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 i... More...
   $0 (06-12-2015 - OR)

Hugo P. Gonzalez v. Standard Tools and Equipment Co. d/b/a/ Eagle Equipment and Eagle Life Manufacturing Corp.

Plaintiff appeals the trial court’s judgment dismissing
his claims with prejudice. He asserts that the trial
court erred in its conclusion that “Oregon appellate courts
would not be likely to adopt the product line exception to the
general rules of successor liability.” As explained below, we
affirm.
Plaintiff was injured while working at B & R Auto
Wrecking (B & ... More...
   $0 (04-15-2015 - OR)

Kurtiss Teegarden v. State of Orgeon

Plaintiff, who is a former employee of the State of
Oregon—specifically, Oregon Youth Authority—filed a complaint
seeking damages from the state and Sid Thompson,
the superintendent of MacLaren Youth Correctional Facility
where plaintiff had worked (collectively, OYA).1 After OYA
moved for judgment on the pleadings pursuant to ORCP 21 B,
the trial court concluded that p... More...
   $0 (04-15-2015 - 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, m... More...
   $0 (04-15-2015 - OR)

Tabitha Becker v. Hoodoo Ski Bowl Developers, Inc. d/b/a Hoodo Ski Area

Plaintiff Becker, who was injured by a chair lift at
Hoodoo’s ski area, brought this negligence action against
defendant Hoodoo Ski Bowl Developers, Inc. (Hoodoo).
Hoodoo filed a motion for summary judgment, arguing that
it was entitled to the affirmative defense of release, and
Becker filed a cross-motion for partial summary judgment,
arguing that the release was unenfor... More...
   $0 (03-18-2015 - 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)

WSB Investments, LLC v. Pronghorn Development Company, LLC

Plaintiff WSB Investments, LLC owns an interest
in a timeshare unit at the Residence Club at Pronghorn
Villas Condominiums and, as a consequence of that ownership,
is a member of the associated nonprofit homeowners
association, the Residence Club at Pronghorn Villas
Condominiums Owners Association (the Res Club). When
the timeshare development, and the management of it byMore...
   $0 (02-25-2015 - OR)

Thein Htaike v. Rosalind Sein a/k/a Daw Myint Myint Sein

Plaintiffs filed this action seeking recovery of over
$200,000 on the general theory that defendants had secured
a series of promissory notes at exorbitant interest rates from
plaintiffs through loansharking. Over the years, plaintiffs
paid substantial sums on those notes but, despite repeated
requests from plaintiffs, defendants never gave them an
accounting of how much th... More...
   $0 (02-25-2015 - 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)

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