Dear Friends and Colleagues:
As our personal injury firm begins its fourth year we would like to include you in our news.
Verdicts!
In the last year, the Vangelisti Kocher trial team won four personal injury trials, including several notable verdicts:
Personal Representative of Estate of Elder v. Fred Meyer
$480,694 (including statutory fees and costs of $162,677)
An elderly shopper was
tripped by an empty display box in the produce department of a Portland
Fred Meyer store. She suffered a fractured hip and post-surgical
complications. The case was brought as a survival action for the
injuries resulting from the fall. The case did not include a wrongful
death claim or other claim alleging that the fall caused her subsequent
death. The verdict consisted
of $68,016 in medical bills and $250,000 for human or "non-economic"
damages. The court subsequently awarded an additional $162,677 in
attorneys fees and costs to the personal representative under the
survival statute, ORS 30.075(2), a statute which is often overlooked or underestimated by Oregon litigators.
Stephan v. Avamere Health Services
$904,200
The
family of an elderly resident of an Alzheimer's care facility asserted
that the elder was injured when a nurse sought to have the elder
removed from the facility by misreporting to police that she was
dangerous. Plaintiff presented evidence that the nurse had not
personally seen the resident. Jurors also reviewed video of
police using handcuffs to restrain her. The facility did not inform family members that
their mother had been handcuffed. The verdict consisted of $4,200
in economic damages, $400,000 in non-economic damages, and $500,000 in
punitive damages. The Oregon Crime Victims' Assistance Fund
received $175,000 as part of a post-verdict settlement based on ORS
31.735(1)(b).
Oregonian article.
Piazza v. Keys Rental Management
$559,382
The
defendant landlord leased a duplex to a family with young
children. The second story bedroom window had a sill that was 23"
above the carpet and a screen that pushed out.
The injured girl was the second child to suffer serious injuries in
falls from windows at units managed by the defendant. The verdict
affirms the duty of Oregon landlords to warn or protect tenants from
low or otherwise dangerous windows at rental properties. The case
follows lobbying by the property management industry to defeat
legislation intended to protect Oregon children from window
falls. Nationally, more than 4,700 children are injured in window
falls each year, including more than 12 in the Portland area last
summer.
Litigator? How Do You Leash a Bulldog Adversary?
In May 2008 the Oregon State Bar Bulletin published Richard Vangelisti's original article
on how litigators can maintain professionalism even when confronted by
an adversary’s unprofessional conduct. What problems have you
encountered and what solutions have worked? From document
requests to trial, Richard Vangelisti offers his top 18 strategies to
help you protect clients’ interests in the face of unprofessional
litigation tactics. The good news: (1) there are effective strategies
for responding to bulldog tactics, and (2) judges and juries are more
likely to punish than to reward litigants who employ sharp
tactics. Read more...
Staff Notes
Scott Kocher was one
of three attorneys included in the recently-published Oregon Super
Lawyers 2008 Rising Stars list for plaintiff's personal injury
work. Last month, Scott also began service as Chair of the OSB Products Liability Section. If you are interested in joining the section, please visit the OSB section memberships page.
Richard Vangelisti began service as Co-Chair of the Lawyer Representatives to the Ninth Circuit Judicial Conference for
the Unites States District Court for the District of Oregon. Last month
Richard also began a two-year term on the OSB Professionalism
Commission, working to raise professionalism standards for lawyers.
We've
had a few months to get settled at our new offices. If you find
yourself downtown with a few minutes to spare, please stop by and visit
us:
Vangelisti Kocher LLP
811 SW Naito Parkway, Suite 420
Portland, OR 97204
Main: 503.445.2100
Fax: 503.445.2120
New Clients, Referrals and Association
We
welcome new clients, referrals, and fee-split associations with other
attorneys in civil cases including products liability, nursing home
neglect, physical and sexual abuse of children and elders, and bicycle
and automobile collisions in Oregon and Washington. Learn more about
our practice areas at www.vangelisti.com.
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