Bicycle & Pedestrian Law Representative Cases
Our representative bicycle and pedestrian law cases include:
- Yvonne Smith v. Knechts Auto Parts and Timothy Sauer (2011) - Our client was pinned between two cars when a pickup driven by a young man intoxicated on Oxycodone, combined with four other prescription medications, collided with a parked car. Yvonne suffered traumatic amputation of both legs above the knee. We pursued the driver in court and obtained a confidential settlement against the employer who allowed him to leave his work premises after he complained of feeling ill, minutes before the collision. A longtime community activist, Ms. Smith dedicated great energy to helping put a human face on pedestrian hazards and testified in the Oregon Legislature to help other vulnerable users. Her courage and commitment were an inspiration to us all.
- Donald Adamski v. Jeanne McKibben (2011) - Senior masters athlete hit in bike lane by left turning motorist with multiple rib fractures, pneumothorax, partial finger amputation. No citations were issued but we assisted the client in pursuing a Citizen Violation Prosecution, securing a conviction in Washington County and strengthening the liability case. Defendant settled after we filed civil case for policy limit, written apology, supplemental cash payment and community service. Client then went on to testify in person and in writing in the Oregon legislature on several bills we initiated to strengthen Oregon's Vulnerable User and Crosswalk laws.
- Yifang Qian v. Duck Soon Paik (2011) - Yifang was hit in an unmarked crosswalk as walked across West Burnside St. on her way to work from her bus stop. She received a head injury, fractured pelvis, meniscal tear and tibial platueau fracture which required surgical installation of a locking plate. She and her husband with our assistance prosecuted the driver in traffic court with the Citizen Violation Prosecution, securing a conviction for violation of ORS 811.028. After a lengthy convalescence Yifang was determined to return to tango and strenuous walking in spite of her injuries. She settled her case against the driver after we filed a lawsuit on her behalf in Multnomah County Circuit Court. She allowed the Portland Tribune to interview her about pedestrian hazards and her husband testified in the Oregon Legislature on several legislative safety initiatives to benefit pedestrians.
- Peter Testi v. Alexsander Ovanesyants (2011) - Cynthia Newton obtained a $45,000 settlement on behalf of a 62-year-old retired bicycle shop owner who was struck on his bicycle. Five months after the accident, he reported knee pain to his physician, who later recommended and performed surgery to repair a torn meniscus. The retiree presented his claim, including the knee injury, to State Farm, who insured the at-fault driver, but the company denied that the injury was related to the accident and offered $10,000. After obtaining the necessary medical documentation from the treating surgeon, Ms. Newton established the requisite causation and secured the enhanced settlement.
- Cyclist v. Own Insurance Carrier (2010) - Cynthia Newton obtained a settlement for the underinsured policy limits ($300,000/USAA) on behalf of a 60-year-old health insurance company executive who was struck by a piece of plywood as he cycled along Highway 30 near Portland. The plywood fell from a small pick up truck whose driver carried an Oregon minimal limits ($25,000/$50,000) liability policy. The cyclist's injuries included a mild traumatic brain injury, as well as fractured pelvis and collarbone. The limits were paid, in addition to the full medical and time loss PIP benefits of the underinsured driver's and the cyclist's policies. Full benefits were paid prior to the formal arbitration hearing.
- Stephen Tuttle v. Ridgecrest Development et al. (2008) - Cynthia Newton reached a $100,000.00 settlement on behalf of a 37-year-old cyclist who underwent three surgeries to correct a separated shoulder sustained when he struck a raised street manhole and fell. The developer, the asphalt contractor, and the City contributed to the settlement.
- Russell Rudometkin v. Chase Thomas Danielle (2008) - We were pleased to see that Meg Rawlings and our client Russ Rudometkin had written an article for the Winter 2008 edition of "The Headliner" about the work we had done on behalf of our client Russ Rudometkin to provide funding for the local brain injury association.