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.<br> <br> 15 U.S.C. 1125 provides:<br> <br> (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. <br> <br> <br> 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.<br> <br> Plaintiff claimed $989,000 in damages.... More...
$1 (11-18-2019 - OR)Cheyenne L. Rico v. United States of America
<center><br> <h1><br> <a href="http://www.morelaw.com/vendors/vendor.asp?f=Kent&l=Morlan&i=28536&z=74103&s=OK" target="_new">MoreLaw Legal Marketing Services</a><br> <font Color="Red">The Better Way To Market Your Services On The Internet<br> <font color="blue">Call: 888-354-4592 Today!</font><br> </font><br> </h1><br> </center><br> 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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$0 (09-18-2019 - OR)Rebecca Dikes v. United States of America
<center><a href="https://www.morelaw.com/add/attorney/" target="_new"><img width="600" src="https://www.morelaw.com/images/banners/subscription.gif" target="_new"></a></center><br> 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.<br> <P><br> 05/01/2019 46 MINUTES of Pr... More...
$0 (07-30-2019 - 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)The Estate of Jesse Austin Trader v. United States of America <P> <font color="red">Morelaw Internet Marketing for Legal Professionals <br> <a href="http://www.morelaw.com/lawyers/recent.asp" target="_new">Helping People Find You On The Internet</a> <br> 888-354-4529 </font>
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 <P> <font color="red"><a href="http://www.morelaw.com/vendors/vendor.asp?f=Kent&l=Morlan&i=28536&z=74103&s=OK" target="_new">Morelaw Internet Marketing for Legal Professionals</a> <br> MoreLaw Can Make Your Phone Ring <br> 888-354-4529 </font>
Sacramento, CA - Angela L. Hayden and Joshua D. Buttrum sued The United States of America on auto negligence Federal Tort Claim Act theories. <br> <br> Some Docket Entries for this case:<br> <br> Date Filed # Docket Text<br> 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)<b... More...
$0 (03-01-2018 - OR)Douglas Ossanna v. Nike, Inc.
Plaintiff is a licensed electrician who previously<br> worked for defendant, Nike, Inc., in its maintenance department.<br> Defendant fired plaintiff after he used one of defendant’s<br> on-site basketball courts at a prohibited time. In<br> response, plaintiff sued defendant for, among other things,<br> statutory safety complaint and whistleblower retaliation.<br> Plaintiff alleged that defenda... More...
$0 (01-31-2018 - OR)Martin Allen Johnson v. Jeff Premo
In a two-phased jury trial, petitioner was convicted<br> of aggravated murder and sentenced to death for killing<br> a fifteen-year-old girl, HF. The state’s theory of the case<br> was that petitioner had killed HF intentionally in furtherance<br> of, or in an effort to conceal, the commission of sexual<br> offenses against her. This court affirmed his convictions and<br> sentence. State v. John... More...
$0 (08-03-2017 - OR)Larisa's Home Care, LLC v. Karen Nichols-Sheilds
The issue presented is whether an adult foster care<br> provider claiming unjust enrichment may recover the reasonable<br> value of its services from a defendant who, through<br> fraud, obtained a lower rate from the provider for the services.<br> We conclude that, generally, a defendant who obtains<br> discounted services as a result of fraud is unjustly enriched<br> 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<br> in February 2015 that modified his child support obligation.<br> On appeal, husband argues that the trial court erred<br> in imputing to him potential income of $80,000. Because<br> we conclude that husband invited that purported error, we<br> affirm.<br> Husband and wife have one child. In 2013, husband<br> 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<br> stroke, plaintiff Joseph Smith brought this medical negligence<br> action, alleging that, because doctors had not taken<br> proper steps to follow up on his complaints of stroke symptoms,<br> he lost a chance for treatment that, in one-third of<br> cases, provides a patient with no or reduced complications<br> 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<br> the trial court’s judgment in favor of plaintiff’s former<br> employer, defendant Washington County.1 Plaintiff asserts<br> that the trial court erred when it granted a directed verdict<br> to the county based on its conclusion that plaintiff was<br> not fulfilling an important public duty, which is a required<br> element of a wrongful dis... More...
$0 (02-08-2017 - OR)Lanny Earl Brenner v. Mark Nooth
Defendant Mark Nooth, superintendent of the<br> Snake River Correctional Institution (the state), appeals a<br> post-conviction court judgment concluding that petitioner’s<br> trial attorney provided inadequate representation during<br> his criminal trial for sexual abuse in the first degree, ORS<br> 163.427, and granting petitioner post-conviction relief. The<br> state argues that key evidence ... More...
$0 (02-23-2017 - OR)Jose H. Lizarraga-Regalado v. Jeff Premo
Petitioner appeals a judgment denying post-conviction<br> relief. He assigns error to the trial court’s dismissal, by way<br> of summary judgment, of his claim based on criminal trial<br> counsel’s failure to challenge the giving of a “natural and<br> probable consequences” uniform jury instruction identical<br> to that which the Oregon Supreme Court later disapproved<br> in State v. Lopez... More...
$0 (03-01-2017 - OR)Jeffrey Dale Tiner v. Jeff Premo
Petitioner was found guilty by a jury of two counts<br> of aggravated murder, one count of intentional murder,<br> and a number of other crimes. He sought post-conviction<br> relief on a variety of claims. The post-conviction court<br> denied relief on all of petitioner’s claims involving the guilt<br> phase of petitioner’s criminal trial but granted relief on<br> his penalty-phase claims and ... More...
$0 (03-01-2017 - OR)Neal Kaste v. Land O'Lakes Purina Feed, LLC
Plaintiffs Neal and Nancy Kaste operate a dairy<br> farm in Tillamook County, and contracted with defendant,<br> Land O’Lakes Purina Feed LLC, to provide them with feed<br> for their dairy cows. That feed sickened a number of plaintiffs’<br> cows and killed others, causing plaintiffs to incur veterinary<br> expenses to care for the cows as well as other losses.<br> Plaintiffs sued defendant, a... More...
$0 (03-08-2017 - OR)Ray F. Kastle v. Salem Hospital
This appeal concerns the application of the statute<br> of limitations to a complaint for medical malpractice involving<br> newly added defendants. Plaintiff alleged that negligent<br> treatment of low sodium levels in his blood serum caused<br> him to develop a neurological disorder, central pontine<br> myelinolysis (CPM). Invoking ORCP 21 A(9),1 defendants<br> 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<br> a car while crossing South Riverside Avenue at its intersection<br> with Ninth Street in Medford. There are no traffic signals<br> controlling that intersection, but the City of Medford<br> has installed a crosswalk across South Riverside Avenue on<br> the south side of the intersection. Plaintiff was in that crosswalk<br> 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<br> seeks judicial review of a final order by the Director of the<br> Department of Consumer and Business Services (DCBS)<br> denying claimant’s request for attorney fees and penalties<br> against insurer, Liberty Northwest (Liberty). Claimant<br> sought sanctions after Liberty failed to timely deliver payment<br> on his workers’ compensation clai... More...
$0 (03-29-2017 - OR)Stephanie M. Dowell v. Oregon Mutual Insurance Company
Auto insurers in Oregon must provide personal<br> injury protection (PIP) benefits to their insureds for certain<br> automotive injury-related expenses, regardless of who is at<br> fault in an accident. ORS 742.520(1). The PIP medical benefits<br> at issue in this case “consist of the following payments for<br> the injury or death of each person” covered: “All reasonable<br> and necessary ex... 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 ... 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<br> jury’s award of punitive damages to plaintiff against defendant<br> Phillip Morris USA, Inc. (Philip Morris). Following a<br> trial in 2002, the jury awarded plaintiff $168,514 in compensatory<br> damages and $150 million in punitive damages.1<br> However, concluding that the trial court had not properly<br> instructed the jury on the... 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.<br> <br> 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),<br> seeks reconsideration of our opinion in Eclectic Investment,<br> LLC v. Patterson, 357 Or 25, 346 P3d 468 (2015), in which<br> we affirmed the Court of Appeals and trial court decisions<br> denying the county's common-law indemnity claim. We<br> concluded that, "[i]n cases in which the Oregon comparative<br> negligence statutes apply and in wh... 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<br> his claims with prejudice. He asserts that the trial<br> court erred in its conclusion that "Oregon appellate courts<br> would not be likely to adopt the product line exception to the<br> general rules of successor liability.†As explained below, we<br> affirm.<br> Plaintiff was injured while working at B & R Auto<br> Wrecking (B & ... More...
$0 (04-15-2015 - OR)Kurtiss Teegarden v. State of Orgeon
Plaintiff, who is a former employee of the State of<br> Oregon—specifically, Oregon Youth Authority—filed a complaint<br> seeking damages from the state and Sid Thompson,<br> the superintendent of MacLaren Youth Correctional Facility<br> where plaintiff had worked (collectively, OYA).1 After OYA<br> moved for judgment on the pleadings pursuant to ORCP 21 B,<br> the trial court conclu... More...
$0 (04-15-2015 - OR)Tyler Turner v. State of Oregon
Judgment in favor of the State of Oregon and City of<br> Depoe Bay reversed and remanded; otherwise affirmed.<br> As plaintiff was travelling north on State Highway 101 in the City of Depoe<br> Bay, his motorcycle collided with defendant Colip's automobile, which had<br> entered the highway from the east on a road owned by Lincoln County. Plaintiff<br> was severely injured in the accident and, mor... 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<br> Hoodoo's ski area, brought this negligence action against<br> defendant Hoodoo Ski Bowl Developers, Inc. (Hoodoo).<br> Hoodoo filed a motion for summary judgment, arguing that<br> it was entitled to the affirmative defense of release, and<br> Becker filed a cross-motion for partial summary judgment,<br> arguing that the release was unenforce... More...
$0 (03-18-2015 - OR)Eclectic Investments, LLC v. Richard Patterson and Jackson County
Jackson County (the county) is a defendant in this<br> negligence action, in which plaintiff sought damages for<br> damage to its real property. As an affirmative defense, the<br> county alleged that plaintiff was negligent and was itself<br> responsible for the damages that it had suffered. The county<br> also filed a cross-claim against a codefendant (the contractor)<br> 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<br> in a timeshare unit at the Residence Club at Pronghorn<br> Villas Condominiums and, as a consequence of that ownership,<br> is a member of the associated nonprofit homeowners<br> association, the Residence Club at Pronghorn Villas<br> Condominiums Owners Association (the Res Club). When<br> the timeshare development, and the management of it by<b... More...
$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<br> $200,000 on the general theory that defendants had secured<br> a series of promissory notes at exorbitant interest rates from<br> plaintiffs through loansharking. Over the years, plaintiffs<br> paid substantial sums on those notes but, despite repeated<br> requests from plaintiffs, defendants never gave them an<br> accounting of how much th... More...
$0 (02-25-2015 - OR)Judy Johnson v. Joe James
Defendant appeals a judgment in an action for<br> battery and negligence arising from an incident in which<br> defendant engaged in unprotected sexual intercourse with<br> plaintiff without disclosing that he carries the herpes simplex<br> virus-2 (HSV-2), commonly known as genital herpes.<br> Plaintiff consequently became infected with genital herpes<br> and brought this action. Defendant argues,... More...
$0 (02-11-2015 - OR)