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What's New[ posted 7/13/10 ] STC attorney Cynthia Newton is honored to represent Cassie Ridgway, the unfortunate cyclist struck by a left-turning vehicle apparently trying to avoid the construction near the designated Ankeny bikeway. The construction works make cycling hazardous in this Portland area teeming with cycling enthusiasts and commuters. While the driver was cited, we support the larger effort of educating drivers and cyclists alike how to safely co-exist in this part of town--especially as drivers try and speed around construction delays. STC applauds BikePortland.org for its help in getting the word out about this timely bike safety issue with pictures and accounts of the incident. Learn more about Cynthia Newton Learn more about BikePortland.org [ posted 5/12/10 ] An Open Letter to Law Enforcement and Press Leaders in Oregon On Tuesday, April 27, 2010, representatives of the Willamette Pedestrian Coalition (WPC) and the Bicycle Transportation Alliance (BTA) met and presented a collection of requests for consideration by law enforcement and media leaders. Click here for the full letter [ posted 3/19/10 ] STC attorney Cynthia Newton continues to serve as President of the Beaumont Friends of Music (BFOM), a group of parents and community members who support the band program at Beaumont Middle School in Northeast Portland. Over 50 percent of the diverse 482-member student body participates in six bands: Beginning Band, Concert Band, Symphonic Band and three jazz bands (Bobcats, Ambassadors and Jazz Combo). On March 12, 2010, the Jazz Ambassadors won first place at the Clackamas Community College Jazz Festival. In addition, soloist awards were given to eight band members, recognizing their musicianship. The Ambassadors will also compete in the University of Portland Jazz Festival on April 14, and the Mt. Hood Jazz Festival on May 8. The BFOM assists with logistics and publicity and raises funds for student music, instrument rental programs and large instrument and equipment purchases. Learn more about Cynthia Newton Learn more about Beaumont Friends of Music [ posted 3/18/10 ] On March 5, Swanson, Thomas & Coon attorneys Chris Frost and Kimberly Tucker presented at the Eighth Annual Pacific NW Brain Injury Conference on Legal Issues for the Brain Injury Professional. Their presentation focused on Workers Compensation and Social Security issues in traumatic brain injury cases. The conference was sponsored by the Brain Injury Association of Oregon. Learn more about the Brain Injury Association of Oregon Learn more about Chris Frost Learn more about Kimberly Tucker [ posted 3/17/10 ] Mock Trial State Champs The Catlin Gabel School Mock Trial team won the Oregon State Mock Trial Championship March 13 at the Federal Courthouse in Portland. STC Partner Jim Coon and Bob Bonaparte of Shenker and Bonaparte coached the team, which was co-captained by Jim’s son, Eli. Sponsored by the Classroom Law Project, the Mock Trial program gave students from schools from Baker to Portland to Sisters to Medford a chance to face off against each other in the trial of a criminal arson case. The competition calls on skills students will use and develop all their lives. Much like sports competition, it demands teamwork, judgment, character, individual effort, sportsmanship and leadership, but with language instead of a ball. It also gives students who aren't naturally gifted a chance to improve and occasionally shine. The team will travel to Philadelphia in May to represent Oregon in the National Mock Trial Competition [ posted 3/4/10 ] Swanson Thomas & Coon Social Security attorney Kimberly Tucker recently gave a talk about Social Security to providers at Outside In, a Portland, Oregon clinic which treats homeless youths and low-income adults. She spoke to a group including caseworkers, mental health providers and physicians regarding Social Security's interpretation of common chart note statements and other topics. Learn more about Kimberly Tucker and her Social Security team Learn more about Outside In [ posted 2/18/10 ] The Oregon State Bar has recently released its 2009 Supplement to Uniform Civil Jury Instructions, used by lawyers state-wide in trying civil cases of all kinds. The Supplement includes 25 revised instructions, as well as new instructions and revised jury verdict forms for negligence cases. Revised instructions include UCJI 14.01 (standard of proof), UCJI 44.06-.07 (agency) and UCJI 75.02-75.02B (punitive damages instructions made consistent with the U.S. Supreme Court decision in Williams v. Philip Morris). New instructions include UCJI 40.01 and 40.02 (assault and battery) and 70.19 (postverdict instruction for limited cases in which the jury awards some economic but no economic damages). The new verdict forms split questions of fault and causation to comply with recent case law. STC attorney Cynthia Newton is in her third year of service on the UCJI Committee and is currently serving as its Secretary. [ posted 11/10/09 ] Kimberly Tucker and her Social Security team now have their own Facebook Page. Visit them on Facebook by searching for PDX SS Attorney. Learn more about Kimberly Tucker and the Social Security team [ posted 10/23/09 ] Lloyd TMA Transportation Coordinators in partnership with The Willamette Pedestrian Coalition will be holding a luncheon with attorney Ray Thomas to inform people of all ages of their rights and responsibilities as pedestrians. The clinic educates attendees on the laws that protect them and the resources available to them in the event of an accident. Local lawyer Ray Thomas provides a dynamic presentation followed by an opportunity to ask questions and encourage pedestrians to band together with all user groups and pursue the common goals of making Oregon's road safer. The luncheon will be held on Friday, November 6th from 12:00 - 1:00 pm at 700 NE Multnomah, Third Floor, Conference Rooms A & B. For questions or to RSVP please contact Heather at 503-236-6441 or heather@lloydtma.com. Learn more about Ray Thomas Learn more about The Willamette Pedestrian Coalition [ posted 9/25/09 ] On September 24,2009 the Willamette Pedestrian Coalition presented the "Golden Sole Award" to Ray Thomas "For his commitment to a more livable community by promoting the rights and responsibilities of pedestrians and cyclists". We are pleased to work with this important advocacy group representing Oregon's pedestrian community. Learn more about Ray Thomas Learn more: www.oregonpedestrianrights.com [ posted 8/17/09 ] STC's Kim Tucker Elected to Oregon Trial Lawyers Association's Board of Directors — Swanson, Thomas & Coon Social Security disability attorney Kimberly Tucker was elected to serve as a Governor at Large on the Oregon Trial Lawyers Association's Board of Governors at the recent annual convention. As a Governor at Large, Kimberly will represent the interests of injured and disabled people throughout Oregon. Learn about OTLA here: www.oregontriallawyers.org Learn more about Kimberly Tucker Swanson, Thomas & Coon's Social Security practice here [ posted 7/21/09 ] Swanson, Thomas & Coon Social Security attorney Kimberly Tucker is running for a position on the Oregon Trial Lawyers Association Board of Governors. Because she handles Social Security cases all over Oregon, she is running for an "at large" seat rather than a Portland-area seat. She is eagerly awaiting the election and hopes she is given the opportunity to work along side the other governors to create ever-better access to justice for Oregonians. Learn more about Kimberly Tucker here Learn about OTLA here: www.oregontriallawyers.org [ posted 7/15/09 ] Trial Lawyer of the Year Finalists — STC partners Ray Thomas and Jim Coon, along with their anti-tobacco teammates Bill Gaylord and Chuck Tauman, have been nominated by the Public Justice Foundation for 2009 Trial Lawyers of the Year for their 12-year effort in bringing cigarette sellers Philip Morris Inc. to justice. On March 31, 2009, the U.S. Supreme Court finally dismissed Philip Morris's last appeal of an $80 million punitive damages award made by an Oregon jury in 1999 for the death of Jesse Williams, a retired Portland custodian. We are privileged to be nominated with four other national finalists, including lawyers bringing actions for municipal civil rights, environmental justice, nuclear accountability and the lawyers who successfully sued the Libyan government for damages in the terrorist attack over Lockerbie Scotland. The award will be given at a ceremony in San Francisco on July 28. Learn more about Ray Thomas Learn more about Jim Coon [ posted 7/1/09 ] JSC on NPR — STC partner Jim Coon talked with National Public Radio sports reporter Tom Goldman on tape about this year's Tour de France bicycle race, whether Lance Armstrong, seven time winner of cycling's premier stage race, can do it again (that's a longshot), how local Portland riders view the Tour, and, of course, performance-enhancing drugs. The context for the interview was the Monday/Thursday lunchtime ride Jim and partner Ray Thomas have led (if you can lead a ride without actually being in front) for 18 years and which has grown from half a dozen riders in 1991 to 60 last Thursday. The interview will air on NPR's Morning Edition Friday, July 3, the day before the Tour begins in Monaco. Learn more about Jim Coon
[ posted 6/22/09 ] Swanson, Thomas & Coon attorney Kimberly Tucker and her Social Security team recently held a free seminar for medical providers at the STC offices in Portland. Topics covered included the basics of the Social Security disability application process, insight into how Social Security decision makers evaluate medical records and interpret certain terminology, and tips on how to write treatment notes and letters for their patients that will have the maximum impact on their patients' disability cases. Attendees received a Social Security Disability Primer prepared by Ms. Tucker. If you are a medical or mental health provider and wish to receive a free copy of the primer, you may call her at 503-228-5222 or email her at ktucker@stc-law.com. Learn more about Kimberly Tucker CliLearn more about Jim Coon [ posted 5/18/09 ] STC attorneys Cynthia Newton and James Coon recently 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. Click here for more information on Cynthia Newton Learn more about Jim Coon [ posted 5/18/09 ] STC attorney Cynthia Newton recently reached a $100,000.00 settlement in the claim of a 23-year-old University of Oregon senior who suffered a chin laceration and several fractured teeth when he was struck while riding his bicycle in the crosswalk by a right-turning motorist. The defense argued that the cyclist was not covered by the protection of ORS 811.028 because he was riding in a crosswalk. However, witnesses stated he was riding no faster than a walking pedestrian. The payment constituted the vehicle driver’s auto insurance policy limit and was tendered on the eve of the 2-year filing deadline. Click here for more information on Cynthia Newton [ posted 5/18/09 ] STC attorney Cynthia Newton recently resolved the underinsured motorist claim of a high-tech company employee and cyclist who had been struck by a right- turning vehicle while he was cycling in a designated bicycle lane. Plaintiff alleged the accident caused a shoulder separation, road rash and decreased hearing due to an aggravation injury to the cyclist’s ear, which had required ossicular chain reconstruction 21 years earlier after a motor vehicle accident. The cyclist, who was helmeted, did not report diminished hearing until several months after the accident. The defense contended the hearing loss was not related to the accident, but rather caused by the natural deterioration of the 21-year-old reconstruction and/or a cold he had reported to his doctors shortly after the accident. On the eve of arbitration, the UIM carrier paid the maximum amount available under the cyclist’s coverage (including PIP), minus a credit for the third-party settlement reached earlier in Washington County litigation against the motorist. Click here for more information on Cynthia Newton [ posted 5/18/09 ] STC attorney Cynthia Newton recently served as associate counsel in a settlement on behalf of a 27-year-old female motorcyclist who was struck by a left-turning motorist in Cave Junction, Oregon. The accident occurred when a 19-year-old driving on a suspended license made a left turn at a controlled intersection, striking the motorcyclist, who sustained a mild traumatic brain injury, but has returned to work in banking. The case was resolved for the driver’s minimal policy limits plus Canadian underinsured motorist limits for a total settlement of $675,000.00 (Canadian). Ms. Newton conducted the Oregon venue discovery, establishing liability (dangerous left turn) against the motorist under ORS 811.350 based on the motorist’s failure to yield to the motorcycle which was so close as to constitute a hazard. The defense contended that the motorcyclist was more than 50% at fault by changing lanes just prior to entering the intersection and for speeding on her Yamaha “crotch rocket” style bike. The UIM claim was concluded at mediation (following payment of the underlying limits) by lead Canadian barrister Brian Webster of Webster & Associates. Click here for more information on Cynthia Newton [ posted 3/16/09 ] 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. To view, click here. [ posted 3/06/09 ] STC partner Jim Coon gave a presentation to the Brain Injury Association of Oregon (BIAOR) Seventh Annual Conference, on handling Medicare Liens in third party injury litigation. When a client suffers injury and is already or soon to be receiving Medicare benefits, it is important to take Medicare's interest into account. This means paying Medicare back for medical expenses it has covered, out of any recovery by trial or settlement from the insurer for the person responsible for causing the injury. Jim discussed the differences between Workers' Compensation cases and third party injury cases and the practical consequences of failing to cover Medicare's lien. Click here for more information on Jim Coon
STC partner Jim Coon prevailed in the Ninth Circuit Court of Appeals, reversing the denial of social security benefits for disabled STC client Jerry Bruce. Bruce v. Astrue, 2009 U.S.App.Lexis 4807. The Social Security Administration and the federal district court had rejected Jerry's wife's testimony about why he was unable to work on the grounds that Mrs. Bruce isn't a medical expert and that her observations were not supported by objective medical tests. The court found those reasons insufficient and sent the case back to the agency for a redetermination of Mr. Bruce's claim. Click here for more information on Jim Coon [ posted 2/18/09 ] STC attorney Jim Coon, representing the Friends of French Prairie and Marion County Farm Bureau, won a case in February before the Oregon Land Use Board of Appeals, reversing the City of Donald's decision to expand its Urban Growth Boundary and to pave over 27 acres of prime Willamette Valley farmland for a warehouse facility. Friends of French Prairie and Marion County Farm Bureau v. Marion County, Sutherland Development et al., LUBA No. 2008-186 (February 18, 2009). The City's proposal made little sense in the currently shrinking economy, and the likelihood was that the hoped-for warehouse facilities would not have been built but that the new urban area would have ended up as gas stations, fast-food restaurants and mini-storage units. The case goes back to Marion County for reconsideration, and, one hopes, for a decision that makes more sense for the City and for the long-term agricultural values of the Valley.
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