Waggoner and Nelson v. Ferrellgas and Purvis, Multnomah County Case No. 15CV13339

Plaintiffs Waggoner and Nelson were stopped at a traffic light in Salem, Oregon when they were rear-ended by a large gas truck driven by Defendant Purvis while working for Defendant Ferrellgas.

Waggoner alleged injuries including post-concussion syndrome, bulging discs of the cervical and lumbar spine which required laser microsurgeries and will likely require future fusion surgery, headaches, TMJ dysfunction, vertigo, vision impairment and cognitive dysfunction.  He sought $209,335.40 in past medical expenses, $175,000 in future medical expenses and $346,111 for lost wages and lost future earning capacity. He also sought $500,000 for non-economic damages.

Nelson alleged injuries including a fractured spine at L1 and injury to his L5-S1 facet joint which has required ongoing ablation procedures and will likely require surgery. He sought $23,457.01 in past medical expenses, future medical expenses of $240,000, lost earning capacity of $225,000 and $500,000 in non-economic damages.

Defendants admitted that Purvis was in the scope and course of his employment and that he negligently caused the crash.  They acknowledged that both plaintiffs were injured but disputed the extent of their injuries, the need for any future care, their wage/earnings losses and the amounts of their non-economic damages.  They argued that the injuries were soft tissue and should have resolved in a short period of time.

Plaintiff’s Counsel – Jason and Greg Kafoury

Defense Counsel – Carter Mann and David Hosenpud

Waggoner Verdict – $350,000 ($313,000 economic and $37,000 non-economic)

Nelson Verdict – $268,000 ($231,000 economic and $37,000 non-economic)

Date – January 26, 2017

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