Defense Verdict on Disputed Liability MVA

Kosatka v. Gott and Hansen, Multnomah County Case No. 15CV34631

Plaintiff Kosatka claimed he was waiting in the center turn lane of 82nd Avenue for traffic to clear before attempting to merge into the northbound lanes. Defendant Gott was driving a vehicle owned by Defendant Hansen. Kosatka claimed Gott pulled into the center turn lane behind Kosatka. When the lane cleared Kosatka claims he moved into the interior northbound lane with the plan to then move immediately into the exterior northbound lane. He claimed that he made it to the exterior lane and Gott made it to the interior lane.  Gott then tried to speed up and make a quick right turn crossing Kosatka’s lane. He was not able to make it and caused a crash. Kosatka claimed crash-related injuries including injury to his lower back which required surgery. Kosatka claimed no prior back problems in his sworn deposition testimony. He sought $40,000 for past medical expenses, $12,000 for lost wages and $400,000 for non-economic damages.

Defendant Gott alleged that it was he who was in front of Kosatka when he merged all the way to the exterior lane and Kosatka who tried to turn across the exterior lane from the interior lane, causing the crash.  He also contested damages and causation pointing out that Kosatka had longstanding back problems, including a prior surgery, for the same injuries he alleged were caused in the crash.

Plaintiff’s Counsel – Steven Scharfstein

Defense Counsel – Cliff Wilson

Verdict – Defense Verdict

Date – February 15, 2017

 

February 27, 2017

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