Michael H. Bloom
A Personal Injury Law Firm
One Centerpointe Drive, Suite 570

Lake Oswego, Oregon 97035

(503) 223-2608

Copyright 2000 Jury Verdicts Northwest Inc.
Oregon Litigation and Arbitration Reports

MORGAN BUENGER v. NATHANIEL LYONS

Case No. 9901-00528

Jury Trial Date: February 14, 2000

Date of Publication: April, 2000

TOPIC: REAR END COLLISION. NECK INJURY

RESULT: PLAINTIFF VERDICT for $ 15,540.11. (Verdict included $ 11,000 in non-economics; $ 4,500.11 in medicals.)

INJURY: Neck strain; soft tissue injury. Def. contended that because Plff only sought medical treatment once in the six (6) weeks that followed the accident, Plff was not injured that bad, if at all. Plff argued that the reason he did not seek treatment was because he was confident his body would heal his injuries in the normal course without needing medical treatment. And, it was only after his body did not heal, that he sought treatment. This also explained the sporadic treatment throughout the next nine months. Plff would only resort to medical treatment when he lost confidence that his body could heal his injuries on its own.

SPECIALS: Med. $ 4,540 ($ 3,345 paid by PIP, $ 1,195 unpaid); Lost Wages - none; Days Work Lost - none; Prop. Damage - $ 528 Plff's broken tail light and bent bumper; Def.'s bent license plate $ 0. (Def. argued lack of or minor damage to vehicles reflected a minor impact which could not have caused bodily injuries.)

STATE: Oregon

COUNTY: Multnomah

TRIAL JUDGE: Hon. Stephen L. Gallagher, Jr.

PLAINTIFF ATTORNEY(S): Michael H. Bloom of Bloom & Schuckman (Portland).

DEFENDANT ATTORNEY(S): Gary A. Rankin (Portland).

SUMMARY: Plff, male age 36, unemployed. Def. was stopped behind Plff at the west on ramp to the Ross Island Bridge. Plff contended he moved forward to get a better view before merging. Def. contended he took his eyes off Plff thinking he was going to merge and moved forward, striking Plff's vehicle. Low impact rear-end collision.

PLAINTIFF MEDICAL EXPERT(S): James E. Dicey III, DC (Chiropractor) Tigard.

OFFER: $ 500 inclusive of outstanding medicals prior to trial; $ 1,500 inclusive of outstanding medicals morning of trial. Def. asked jury for a Defense Verdict.

DEMAND: $ 5,000. Plff asked jury for a fair verdict.

TRIAL-TIME: 2-day trial

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