Personal Injury Representative Cases

During law school in the late seventies, we planned to start a law firm to represent the under-represented, working people who have been injured and are struggling to obtain fairness from the legal system. Since we began our law firm in 1981, our legal and volunteer work has remained focused on this goal. We treat our clients as individuals, and make their struggles our struggles.

Our representative Personal Injury 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.
• Electrician v. General Contractor (2010) - In this confidential settlement, reached on the eve of trial, Cynthia Newton reached a multiple six figure settlement on behalf of a journeyman electrician in his 50's permanently disabled from his occupation. The settlement was reached with the general contractor whose insurer also served as the workers compensation benefits payor. The settlement took into account medical expenses and time loss to date and "cashed out" future lost income and vocational rehabilitation benefits. The electrician was injured on a high rise project when the employee of another subcontractor backed a forklift into the ladder on which he was standing, causing him to fall onto his outstretched arm, dislocating and seriously injuring his shoulder, which had been dislocated previously in an unrelated incident. STC workers’ compensation specialist Chris Frost obtained the entitlement to the underlying workers’ compensation benefits.
• Patient v. General Surgeon and Hospital (2009) - Cynthia Newton and James Coon reached a $2,350,000.00 settlement in a medical negligence case against a surgeon and hospital nursing staff. The case involved a retired contractor who underwent an elective abdominal aortal aneurysm repair. Following surgery, hospital nurses and the surgeon noticed that the patient had no pulses in his feet. Additional surgery the next morning aimed at removing clots from leg arteries was unsuccessful. His condition worsened and he was transferred to a metropolitan facility where he underwent bilateral below-the-knee amputations, a splenectomy, and bowel resection for ischemia. The settlement, on behalf of the plaintiff and his wife, was reached on the eve of trial.
• 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.
• Barbara Barr v. Leslie Probasco (2007) - Cynthia Newton obtained a $98,344.77 jury verdict in Multnomah County on behalf of a 60-year-old comptroller at a well-known local company who suffered a neck sprain as a result of a 2-car rear-end collision on Martin Luther King, Jr. Boulevard in December 2004. Radiological studies were negative for fracture or disc herniation, but plaintiff's symptoms persisted despite physical therapy and chiropractic care. With costs, the defense carrier paid $99,536.77. The jury's verdict was more than eight times the defendant's settlement offer.
• Amilcar Alvarez v. Joseph Keith (2007) - Cynthia Newton obtained a $187,482 jury verdict on behalf of a 50-year-old small business owner (Multnomah County Circuit Court). The case stemmed from a 2-car intersection collision in which plaintiff was knocked unconscious briefly. Plaintiff did not seek medical attention until five months after the collision, when he reported dizziness at heights and while dancing. Eighteen months following the collision his physician diagnosed post-concussion syndrome. Defendant's carrier (Allstate) admitted liability, but refused to offer plaintiff more than $61,760 to settle the case. After post-trial motions were denied, the defendant paid the verdict plus interest, for a total payment of $193,316.76.
• Mayola Williams v. Philip Morris (1999) - $89.1 million verdict against tobacco company for fraud in hiding adverse health effects and creating false controversy over carcionigisty of cigarettes. Our client Jesse Williams was a retired Portland Public School janitor who began smoking in order to ward off mosquitoes during sentry duty in Korea. Oregon's largest jury verdict and largest punitive damage award sustained on appeal.
• Max Woodbury v. CH2M Hill (1998) - $11.5 million verdict on behalf of a field geologist rendered quadriplegic by fall at environmental hazard cleanup site. Fall caused by inadequate supervision and training by general contractor. Oregon's largest workers' compensation third-party jury verdict.
• Miller v. Kamper Korner (1995) - $607,000 verdict of Oregon Department of Transportation (ODOT) worker hit by a truck as he removed a hazard from 1-5 traffic lane.
• Irwin and Boger v. Norris and Stevens (1989) - Resulted in a $1.63 million verdict for the two plaintiffs, who had been poisoned by exposure to toxic metals in the hot water system of their apartment complex.
• Oberg v. Honda (1989) - This four week trial resulted in a $5.7 million verdict. The punitive damage award of $5 million was Oregon's largest punitive damage award at that time and first punitive damage award against Honda in an all terrain vehicle case.

Over the past 20 years, our law firm has represented hundreds of injured people in Personal Injury cases.