Car Crash Verdict $5,325.00

Sherwin and Eckert v. Kincaid and State Farm Insurance, Multnomah County Case No. 1312-17303

Plaintiff Eckert and a friend were travelling down Burnside when a phantom vehicle merged suddenly into their lane causing them to suddenly stop. Defendant Kincaid was travelling behind Plaintiff and was unable to stop. Plaintiff suffered a low back injury and eventually underwent two surgeries.

Plaintiff brought a breach of contract claim against State Farm for the phantom motorist and a negligence claim against Defendant Kincaid for following too close, speeding and not keeping a proper lookout. He sought $150,000 in non-economic damages and $64,546.71 in medical expenses.

Defendants State Farm and Kincaid agreed to an apportionment of liability between them.  They argued that the crash did not cause Plaintiff’s injury or the need for surgery as evidenced by a long delay in treatment.

Plaintiffs’ Counsel – Greg Kafoury & Jason Kafoury

Defense Counsel – Eric Waxler & Angela Lucero

Verdict –  $5,325.00 

Date –  January 8, 2015

January 29, 2015

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