$192,700 MVA Verdict

Tver v. Tver, Multnomah County Case No. 15CV13319

Plaintiff Colleen Tver was a passenger in her husband Defendant Barry Tver’s 2009 Hyundai.  Mr. Tver was driving on I-84 using the vehicles cruise control when he attempted to take exit 35. He stepped on the brake pedal and the vehicle did not respond appropriately.  Mr. Tver continued through the exit ramp crashing into an embankment. Mrs. Tver initially sued Hyundai Motor America and Beaverton Hyundai since the vehicle was subject to a recall for a defect that could interfere with the operation of the cruise control. Mrs. Tver settled with those parties and the only defendant remaining was Mr. Tver.  Pursuant to ORS 31.600, the settling parties remained on the verdict form for the purposes of allocating fault.

Mrs. Tver alleged that Mr. Tver was negligent for failing to heed the warnings in the recall notice he received, driving too fast, and failing to take appropriate action once it became clear that the cruise control was unresponsive. As a result of the crash Mrs. Tver fractured multiple ribs, two vertebrae in her lower back and one in her mid-back.  She sought damages for past medical expenses of $250,000, wage losses of $28,000 and non-economic damages of $950,000.

Defendant Tver admitted the medical expenses were reasonable and necessary but argued that liability  should be allocated to Hyundai Motor America and Beaverton Hyundai for the defective cruise control.

Plaintiff’s Counsel – David Nepom

Defense Counsel – Christopher Drotzmann

Verdict – $192,700 (Verdict was $770,800 but jury allocated 25% of liability to Tver and remaining to settling defendants)

Date – June 2, 2016

 

June 20, 2016

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