Plaintiff’s Verdict in 20.080 Case

Hergert v. McPhail, Multnomah County Case No. 1310-14581

Car accident case. Plaintiff Hergert was stopped for traffic with a car stopped behind him.  Defendant McPhail didn’t stop in time and struck the car behind plaintiff who was in turn pushed into plaintiff’s car.  Plaintiff alleged injuries to his neck, back, and shoulders.  Plaintiff sought lost wages ($1,574.64), unpaid medical bills ($1,194.38) and non-economic damages ($7,230.98).  The case was brought pursuant to ORS 20.080.

Defendant’s 20.080 offer was $4,620.00 “new money.”  At arbitration, plaintiff was awarded $8,174.50.  The defense appealed the arbitration award.

Defendant denied liability, causation, and damages.

Plaintiff’s Counsel – Ryan Hilts and David Eder

Defense Counsel – Jason Bush

Verdict –  $7,595.19 

October 30, 2014

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