Tort Tips


January 2015 | May 2014 | January 2014

Nursing Home Negligence Arbitration

We represented the family of Mary O’Meara, an 83-year-old woman who died following her admission to a nursing home. Mary had complex chronic medical problems but she had been able to successfully live in her own home with the support of her family and some professional care givers.

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School Bus Crash Cases

Earlier in 2014, we were working on three school bus crash cases. One of those settled for a confidential amount, and two are ongoing. In the settled case, the company that provided the school buses and drivers hired a driver who was known to have multiple health problems, including sleep apnea and psychological disorders

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Medical Causation Testimony Not Always Required

The Oregon Court of Appeals, in Ouma v. Skipton, __ Or App __ (2014) (A151739), recently decided that medical causation testimony is not required for certain kinds of injury claims. The case is also a cautionary tale about the importance of plaintiff’s counsel getting key testimony into evidence at trial. Ouma was another admitted liability […]

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A New Twist on the “Same Nine” Jury Rule

In Kennedy v. Wheeler, 356 Or 518 (2014), the Oregon Supreme Court recently revisited the “same nine” rule for jury decision-making, with a surprising result. The Oregon Constitution provides that “[i]n civil cases three-fourths of the jury may render a verdict.” Article VII (Amended), section 5(7) of the Oregon Constitution. The same rule is found […]

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