OREGON PERSONAL INJURY VERDICT RESEARCH

After 25% reduction for comparative negligence.

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Worsening of pre-existing spinal stenosis.

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Verdict listed is after 49% reduction for comparative negligence.

Defendant died during the pending litigation and his estate had to be substituted as the defendant.

Plaintiff Garrison was stopped for traffic on I-5 when a driver for defendant’s company failed to stop and crashed into the back plaintiff’s vehicle. Plaintiff alleged crash related injuries including a disc injury to his neck requiring disc replacement surgery, injury to his thyroid requiring partial removal of his thyroid, nerve injuries, and low back injuries. Plaintiff sought $124,079.53 for past medical expenses,$225,000.00 for future medical expenses, $99,600.00 for past wage losses,$950,000.00 for impaired future earnings capacity, and $3 Million for non-economic damages. Defendant admitted negligence and that the crash caused plaintiff some injury but disputed the nature and extent of plaintiffs injuries and damages.

Verdict amount is after 42% reduction for comparative negligence.

Plaintiff was walking on the sidewalk attempting to cross the east and west bound MAX train tracks to get to a stopped westbound MAX train.  She was struck by an out of service eastbound MAX train and suffered severe injuries including a traumatic amputation of her right leg above the knee. Plaintiff alleged that the MAX platform was unreasonably dangerous because it had crossing gates for vehicles but no similar crossing gates for pedestrians. She further alleged that the MAX platform was unreasonably dangerous because there were no warning lights in a pedestrians line of sight when that pedestrian was walking across the east and westbound tracks to the westbound platform. She further alleged that the platform was unreasonably dangerous because the warning bells that sounded to indicate an approaching train inexplicably stop ten to fifteen seconds prior to the train arriving. Plaintiff sought damages for past medical expenses totaling $799,917, past last wages of $75,255, future medical expenses of $4,844,151, future last earnings capacity of $1,489,400, and $20 Million for non- economic damages.

Defendant TRI-MET alleged that Plaintiff’s injuries were caused by her own negligence in failing to maintain a proper lookout, failing to be aware of her surroundings, running across the MAX tracks, wearing a hooded sweatshirt in a manner that impaired her ability to see, and wearing headphones with music at a volume that impaired her ability to hear and be aware of her surroundings.

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