$24,150 MVA / PIP Verdict

McAllister v. Farmers Insurance Company of Oregon and McAllister, Multnomah County Case No. 15CV24585

Plaintiff Byron McAllister alleged he was a passenger in a car driven by defendant Wanda McAllister when she drove off the road and hit a telephone pole. The car was insured by defendant Farmers. Byron McAllister alleged crash-related injuries to his shoulder.  He sought $400,000 in non-economic damages against Wanda McAllister.  He also sought $8,000 for unpaid PIP medical expenses against Farmers and attorney fees pursuant to ORS 742.061.

Defendant Farmers claimed that Byron McAllister was not in the vehicle at the time of the crash and therefore refused personal injury protection benefits (PIP).

Defendant Wanda McAllister alleged that Byron McAllister’s injuries were caused, in part, by his failure to wear a seatbelt and therefore any awarded damages should be reduced by 5% pursuant to ORS 31.760(1). The extent of Byron McAllister’s damages were also disputed.

Plaintiff’s Counsel – Thomas D’Amore

Defense Counsel – Eric Shilling (Farmers), Bruce White (Wanda McAllister)

Verdict – $24,150 ($8,000 stipulated against Farmers for unpaid PIP as the jury did find that Byron McAllister was in the car plus $17,000 in damages against Wanda McAllister reduced by 5%).

Date – September 9, 2016

October 30, 2016

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