McCartney v. Russ Auto, Inc. Multnomah County Case No. 16CV18926
Plaintiff McCartney alleged that he was driving his Bentley on Farmington Road when a driver, in a Toyota Prius, driving for Defendant Russ Auto entered the roadway without yielding and caused a crash. McCartney alleged crash-related injuries to his back, neck, pelvis and ribs including a lumbar disc herniation which required surgery. He sought $110,208.64 for past medical expenses, $1,000 for future medical expenses, $1.38 Million for past lost earnings and $1 Million in non-economic damages.
Russ Auto admitted that the driver was acting in the scope and course of his employment with Russ Auto and that they were negligent in causing the crash. The defense claimed that McCartney’s injuries were unrelated to the crash and disputed his damages. They presented evidence that the back complaints which led to surgery were diagnosed in 2011, three years before the crash. They presented evidence that McCartney was back at work for his various companies shortly after the crash, contradicting McCartney’s claim that he was unable to work for over a year. They presented photographs of McCartney from numerous vacations domestically and abroad, contradicting his claim that he could not travel on airplanes. They presented evidence that his failing companies were not due to him missing work but rather numerous consumer complaints which caused him to close companies and re-open under different names but in the same location and with the same staff.
Plaintiff’s Counsel – Terence Traverso (Pro Hac Vice) and Jeremiah Ross (Local Counsel)
Defense Counsel – George Pitcher
Verdict – $1,000
Date – June 30, 2017