Personal Injury News
[ posted 10/26/10 ]
In the Monday, October 25, 2010 Oregonian, Joseph Rose addressed some growing common concerns related to cyclist and driver etiquette. Portland's growing bicyclist population has increased the need for bicycle safety education, as well as a bit of bicycle law know-how. STC's Ray Thomas was asked specifically by Rose about the issue of cyclist hitting the exterior of cars with their hands to signal that they are near. Read the article to see what Thomas had to say.
Learn more about Oregon Bicycle Law in Pedal Power
[ posted 10/20/10 ]
On October 15, 2010 Ray Thomas presented a Bicycle and Pedestrian Law for Law Enforcement class at the Southern Oregon Walk and Bike Summit in Medford, Oregon. The one day event brought together officials, planners, engineers, educators, law enforcement, citizens and others interested in improving conditions for active transportation and recreation in Southern Oregon.
Learn more about Ray Thomas
[ posted 10/20/10 ]
On September 27, 2010 Ray Thomas presented a Bicycle Law Clinic at the Oregon Zoo in Portland, Oregon. The clinic went a long ways in encouraging and building confidence in the zoo bicyclists, and they finished 2nd in BTA's Bike Commute Challenge Public Agencies, 100-499 Employees category.
Learn more about Ray Thomas
[ posted 9/17/10 ]
At the September 15, 2010 Bike Law Clinic hosted by the Bicycle Transportation Alliance, Swanson, Thomas and Coon attorney Ray Thomas discussed basic bike law and answered questions posed by attendees. The range of questions varied from what is the law regarding bikes and sidewalks to the yielding protocol for buses. Portland Mercury writer, Sarah Mirk did a brief Q&A write-up from the clinic in a recent blog post (read the Q&A).
Learn more about Ray Thomas
[ posted 9/14/10 ]
The Oregon Land Use Board of Appeals recently reversed the City of Newberg's decision to turn 300 acres of Yamhill County farmland into industrial land. STC attorney Jim Coon represented the Friends of Yamhill County and local farmers in an effort to keep farmland in production and out of industrial uses. Jim challenged the City's Economic Opportunity Analysis, which would have been the basis for expanding the Newberg Urban Growth Boundary. Yamhill County has some of the Willamette Valley's most fertile farmland, which contributes far more to the local and State economy than it would if the land were used for warehousing, mini-storage units or big box retail.
Learn more about Jim Coon
[ posted 8/10/10 ]
Swanson, Thomas & Coon Social Security disability attorney Kimberly Tucker recently spoke on short notice at an educational seminar for Oregon Trial Lawyers Association/Washington State Association for Justice joint convention. She, along with ten to eleven other volunteer attorneys, volunteered to speak on an array of topics for 10 to 15 minutes each when the OTLA and WSAJ Boards learned that day's speaker was cutting her seminar from five scheduled hours to one and a half. Ms. Tucker spoke about the need for personal injury attorneys to be aware of whether their clients were receiving Social Security benefits or had an active application for benefits and the importance of knowing what type of benefit their client is receiving in order to protect the client if the client was receiving Supplemental Security Income. SSI is very sensitive to any outside income and lawyers need to be aware that a judgment or settlement for their client could destroy the client's SSI case or cause them to lose their benefits if not properly handled, such as by creating a Special Needs Trust into which money from the personal injury case would be directly deposited. Kim spoke to an audience of attorneys from Portland, Eugene, Bend, Medford, Seattle, Spokane, Vancouver and other cities in Oregon and Washington.
[ posted 8/4/10 ]
The attorneys and staff at Swanson Thomas and Coon took the day off from practicing law on August 4th, 2010, for our annual community service day. We collaborated with Willamette Riverkeepers and Portland Parks and Recreation employees Gerry St. Pierre and Mark Wilson at Sellwood Park, just past Holgate Channel on the Willamette River . We removed non-native invasive plant species and cleaned the Sellwood Park riverfront of trash. In doing this, our office hoped to make the park more enjoyable for the public and a better environment for the wildlife.
Learn more about Willamette River Keepers
[ posted 7/29/10 ]
STC Partner Jim Coon argued before the Land Use Board of Appeals July 29, representing the Friends of Yamhill County in an effort to keep the City of Newberg from expanding its Urban Growth Boundary to consume 300 acres of prime farmland for industrial development that is unlikely to occur. Jim handled the case at the request of the Cooperating Attorneys Program of 1000 Friends of Oregon. Jim took a similar case last year and persuaded the Land Use Board to reverse a decision by the City of Donald to turn 27 acres of Willamette Valley farmland into warehouses.
Learn more about Jim Coon
[ posted 7/26/10 ]
On July 26, STC Partner Jim Coon taught Alon Raab's class on "Sociology of the Bicycle" at Portland State University. Jim discussed practical riding tips in the context of Ray Thomas' book "Pedal Power", which sets out Portland and Oregon bicycle law. The class also got off into European bike infrastructure and what we can learn from countries that use the bike for serious, daily transportation. Jim also got on his personal soapbox to urge the students to use front and rear bike lights for daytime riding safety, not just at night.
Learn more about Jim Coon
[ 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
Re: Reporting of Collisions Involving Vulnerable Road Users
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
[ 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 the 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 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 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 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 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
[ posted 3/05/09 ]
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.
Click here for more information on Jim Coon