Oregon Personal Injury Case Law
Please find, below, selected case laws decided by Supreme Court of Oregon or Court of Appeals of Oregon where the terms personal injury or related terms have been mentioned. These cases are not necessarily personal injury and may include cases where the facts or court decision merely mentions personal injury related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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Carlson v. Myers - 6/18/1998
SC S44806 (Initiative No. 58 )
(SC S44808 (Initiative No. 59))
(SC S44818 (Initiative No. 60))
(SC S44830 (Initiative No. 64))
(SC S44909 (Initiative No. 67))
(Cases consolidated for argument and opinion) ...
Macy v. Blatchford - 6/10/1998
9407-04746
Appeal from Circuit Court, Multnomah County.
Harl H. Haas, Judge.
Argued and submitted December 2, 1997.
Amended notice of appeal dismissed; on appeal, reversed and remanded with instructions to...
In re Compensation of Schultz - 12/24/1997
Judicial Review from Workers' Compensation Board.
Argued and submitted January 9, 1997.
Affirmed.
WARREN, P.J.
Claimant seeks review of an order of the Worker's Compensation Board modifying an order of the...
In re Marriage of Troffo - 12/24/1997
Appeal from Circuit Court, Douglas County.
William Lasswell, Judge.
Argued and submitted October 3, 1997.
Remanded with instructions to vacate judgment in favor of wife for $15,544 and enter judgment in favor of wife...
In re Compensation of Rector - 12/17/1997
Judicial Review from Workers' Compensation Board.
Argued and submitted February 26, 1997.
Affirmed.
ARMSTRONG, J.
Employer seeks review of an order of the Workers' Compensation Board that set aside employer's...
In re Compensation of Weathers - 12/17/1997
Judicial Review from Workers' Compensation Board.
Argued and submitted July 25, 1997.
Reversed and remanded for reconsideration.
WARREN, P.J.
SAIF Corporation (SAIF) appeals an order of the Workers' Compensation...
In re Compensation of Hansen - 12/17/1997
Judicial Review from Workers' Compensation Board.
Argued and submitted April 16, 1997.
Affirmed.
LANDAU, J.
At issue in this case is whether claimant, who voluntarily left his job to participate in a federally...
Orr v. City of Eugene - 12/17/1997
Appeal from Circuit Court, Lane County.
David B. Brewer, Judge.
Argued and submitted October 15, 1997.
Affirmed.
RIGGS, P.J.
Plaintiff appeals from the judgment entered after the trial court granted...
Carrigan v. State Farm Mutual Automobile Insurance Co. - 11/28/1997
In Banc
On review from the Court of Appeals.*
Argued and submitted January 8, 1997.
The decision of the Court of Appeals and the judgment of the circuit court are reversed. The case is remanded to the circuit court...
Mindt v. Winchester - 11/19/1997
Appeal from Circuit Court, Multnomah County.
Robert D. Newell, Judge pro tempore.
Argued and submitted October 8, 1997.
Affirmed.
LEESON, J.
Plaintiff appeals from a judgment entered after the trial court...
Roman Catholic Archbishop of Archdiocese of Portland v. Oregon Insurance Guaranty Association - 9/24/1997
Appeal from Circuit Court, Washington County.
Gayle A. Nachtigal, Judge.
Argued and submitted June 23, 1997.
Affirmed.
JOSEPH, S.J.
Plaintiff brought this declaratory judgment action against the Oregon...
In re Compensation of Gordineer - 9/17/1997
Judicial Review from Workers' Compensation Board.
On Claimant/Respondent's Petition for Award of Attorney Fee filed November 13, 1996, and Petitioners' Objection to Claimant/Respondent's Motion for an Extraordinary Attorney Fee...
Minisce v. Thompson - 9/10/1997
Appeal from Circuit Court, Washington County.
Jon Lund, Judge.
Argued and submitted June 26, 1997.
Dismissal of crowns claim reversed and remanded; otherwise affirmed.
HASELTON, J.
Plaintiff appeals,...
Jones v. General Motors Corp. - 6/26/1997
This is an action for damages for negligence and strict liability. Plaintiff appeals from a judgment entered after the trial court granted defendants' motion for summary judgment. The dispositive question is whether a 1995 amendment to...
Curtis v. Mri Imaging Services - 6/25/1997
HASELTON, Judge.
Plaintiff appeals, challenging the entry of judgment on the pleadings, ORCP 21 G(3), against his claim for negligence. The dispositive issue is novel: Under Oregon law, can a victim of medical malpractice, who...
Bridge v. Carver - 6/18/1997
LEESON, Judge.
In this medical malpractice action, plaintiffs appeal from judgments entered for defendants following a trial to the court based on stipulated facts. Plaintiffs make four assignments of error. We write only to...
Oregon v. Faith Erin Chakerian - 6/12/1997
In this criminal case, the issue is the facial constitutional validity of ORS 166.015, Oregon's "riot" statute, which provides:
"(1) A person commits the crime of riot if while participating with five or more other persons the...
In re Marriage of Luan Rath Fisher - 5/28/1997
DEITS, Presiding Judge.
Husband appeals from a dissolution judgment, assigning error to the amount and duration of the award of spousal support and to the court's division of renewal commissions payable to husband by the...
In re Complaint as to Conduct of David J. Hassenstab - 3/27/1997
In this lawyer disciplinary proceeding, a trial panel of the Disciplinary Board found the accused guilty of two violations of former Disciplinary Rule (DR) 5-101(A) (1995) (nondisclosure of a conflict of interest based upon the...
Schoch v. Leupold & Stevens - 3/27/1997
Claimant petitions for review of a Court of Appeals' decision that affirmed an order of the Workers' Compensation Board (Board) awarding an attorney fee. She argues that the order does not contain sufficient information to permit an...
Bird v. Norpac Foods Inc. - 3/20/1997
The dispositive issue presented in these two consolidated appeals, under the Oregon Insurance Guaranty Association (OIGA) statutes, ORS 734.510 et seq., is as follows: When OIGA has assumed all of the rights, duties, and obligations of...
Davis v. United States Employers Council Inc. - 3/19/1997
HASELTON, Judge.
Plaintiff appeals from an adverse judgment, which was entered after allowance of an involuntary dismissal, in an action for workplace personal injury. The trial court concluded that the exclusive remedy...
Wyatt v. Sweitz - 3/5/1997
HASELTON, Judge.
Plaintiff appeals, assigning error to the trial court's allowance of partial judgment on the pleadings, ORCP 21, B, against his claim for "casual or involuntary" timber trespass, ORS 105.815. Defendant...
Clackamas County v. Gay - 3/5/1997
LEESON, Judge.
Plaintiff Clackamas County (county) brought this action to enjoin defendants from operating an airport and conducting a commercial skydiving business in an area of the county zoned for exclusive farm use....
Navajo Baker v. English - 2/21/1997
The issue in this medical malpractice case is whether an erroneous discovery ruling by the trial court constituted prejudicial error, requiring reversal of a judgment in plaintiff's favor. For the reasons that follow, we conclude that...
Madrid v. Robinson - 2/13/1997
Plaintiff, as guardian ad litem for Kenneth Madrid (Madrid), brought this personal injury action to recover damages sustained when Madrid was struck by a car operated by defendant. Plaintiff also brought an action on her own behalf for...
Harmon v. Meyer - 2/12/1997
RIGGS, Presiding Judge.
Plaintiff appeals from the trial court's ORCP 67 B judgment dismissing claims against The Interlake Companies, Inc., (defendant) in this personal injury action in which plaintiff seeks damages under...
Martin v. State Farm Fire and Casualty Co. - 2/12/1997
WARREN, Presiding Judge.
Plaintiff Thomson Martin (Martin) appeals the dismissal of his claim against defendant State Farm Fire and Casualty Company (State Farm) for breach of two insurance policies that State Farm had issued...
Harmon v. Mt. Hood Meadows - 2/5/1997
HASELTON, Judge.
Plaintiff appeals from the entry of summary judgment in an action for negligence against the defendant ski resort. The trial court determined that plaintiff's claims were barred by a release that she had...
Farmers Insurance Co. v. Munson - 12/31/1996
HASELTON, Judge.
Plaintiff, Farmers Insurance Company of Oregon, appeals from a judgment, entered after a jury trial, declaring that policies it issued separately to defendant John Munson and to defendant Helen Foley, covered...
Tadsen v. Praegitzer Industries Inc. - 12/19/1996
This is an action under ORS 659.121 for unlawful employment practices in violation of ORS 659.415 and 659.425. Defendant seeks review of a Court of Appeals decision affirming a trial court's judgment for plaintiff, its former...
Estey v. Mackenzie Engineering Inc. - 11/29/1996
Plaintiff appeals a Court of Appeals' decision affirming a circuit court's grant of summary judgment in favor of defendants on plaintiff's claims for negligence, negligent misrepresentation, and breach of contract. Estey v. MacKenzie...
Bruneau v. Curtis - 11/20/1996
RIGGS, Presiding Judge.
In this personal injury action involving an automobile collision with a motorcycle, defendant appeals, assigning error to the trial court's granting of plaintiff's motion for a new trial after a jury...
Peterson v. Temple - 11/20/1996
PER CURIAM.
In Peterson v. Temple, 130 Or.App. 337, 881 P.2d 833 (1994), we held that plaintiff's personal injury claim, which was based on the same set of facts as his earlier property damages claim, was barred. On review,...
Ring v. Rogers - 11/20/1996
EDMONDS, Judge.
Plaintiff appeals from a judgment in favor of defendant Rogers in this medical malpractice action. She makes multiple assignments of errors. We affirm.
The decedent was admitted to Good Samaritan Hospital...
Harvey v. Campbell - 10/30/1996
LANDAU, Judge.
This is an action for damages for violation of the habitability requirements of the Residential Landlord and Tenant Act (RLTA). The principal issue is whether a violation of the RLTA is conditioned on evidence...
Horlacher v. Mid-Century Insurance - 9/18/1996
ARMSTRONG, Judge.
Plaintiff was injured in a single-vehicle accident. The car was driven by her husband. After the accident, plaintiff received personal injury protection (PIP) benefits from defendant, husband's insurer, in...
Cooksey v. Portland Public School District No. 1 - 9/18/1996
LANDAU, Judge.
The principal issue in this case is whether the statute of limitations for actions against public officials or bodies for injuries to a minor child is tolled until the appointment of a guardian ad litem. The...
Groshong v. Mutual of Enumclaw Insurance Co. - 9/11/1996
HASELTON, Judge.
Plaintiffs appeal from the trial court's judgment, following a stipulated facts trial, that the defendant insurance company was not obligated to defend and indemnify plaintiffs against a claim of intentional...
Popick & Merkel v. Tri-County Metropolitan Transportation District of Oregon - 9/4/1996
LEESON, Judge.
Defendant appeals from a judgment based on a jury verdict that awarded plaintiffs damages for intentional interference with a contract. We reverse.
Plaintiffs are attorneys, whose client, Overton,...
Owens v. Maass - 6/27/1996
In this action for post-conviction relief, we are asked to interpret the provisions contained in ORS 138.510(2) (1993) and Oregon Laws 1993, chapter 517, section 5, relating to time limitations upon the filing of a petition for...
Urbick v. Suburban Medical Clinic Inc. - 6/19/1996
LANDAU, Judge.
Plaintiff appeals a judgment dismissing as untimely his claim for medical malpractice arising out of a course of continuous treatment that occurred more than five years before the filing of the complaint. We...
Atlanta Casualty Co. v. Orr - 6/19/1996
RIGGS, Presiding Judge.
Plaintiff Atlanta Casualty Company (Atlanta) brought this declaratory judgment action to establish that it has no obligation to defend or indemnify its insureds, defendants Carolyn and George Orr, in a...
Peterson v. Temple - 6/13/1996
The issue in this case is whether a plaintiff may maintain separate actions against the same defendant, one alleging injury to property and the other alleging injury to person, when both actions arise from the same wrongful act or...
Bailey v. Boeing Co. - 5/22/1996
LANDAU, Judge.
Claimant seeks review of an order of the Workers' Compensation Board denying her request for attorney fees. We affirm.
The relevant facts are uncontested. Claimant sustained a compensable low back injury...
In re Marriage of Shirley McDonough - 5/15/1996
HASELTON, Judge.
Wife appeals from a dissolution judgment, assigning error to the trial court's failure to award permanent spousal support and to the trial court's calculation and Disposition of marital assets. We review de...
Hernandez v. Barbo Machinery Co. - 5/15/1996
EDMONDS, Judge.
Plaintiff appeals from a judgment in a personal injury action in which the jury determined that plaintiff was 50.5 percent at fault for his injuries and that defendants were 49.5 percent at fault. Accordingly,...
Andrews v. Tektronix Inc. - 5/9/1996
In this workers' compensation case, employer instructed claimant to avoid heavy lifting on the job. Claimant was injured when he fell (or slipped) while carrying a heavy piece of equipment at a job site. The Workers' Compensation Board...
Billings v. Gates - 5/9/1996
This is a habeas corpus proceeding. See ORS 34.310 et seq. (describing habeas corpus procedures). The trial court denied plaintiff's petition as meritless. The Court of Appeals reversed. Billings v. Gates, 133 Or.App. 236, 244, 890...
Winther v. Valley Insurance Co. - 5/1/1996
WARREN, Presiding Judge.
Defendant appeals from a judgment awarding plaintiff damages for an alleged breach of its duty to defend plaintiff in a lawsuit brought by Janice McCaffrey, her former business partner. We hold that...
Gish v. Lawless Roofing - 5/1/1996
ARMSTRONG, Judge.
Plaintiff appeals from the circuit court's judgment that awarded her $4,000 on her claim against defendants but denied her attorney fees. We remand for an award of fees.
Plaintiff and defendant Kessler...
Zell v. Fellner - 3/27/1996
RIGGS, Presiding Judge.
Plaintiff was injured in an automobile accident involving defendant Fellner, who is not involved in this appeal. Plaintiff filed this action, alleging in count one a claim for personal injury against...
State Farm Fire and Casualty Co. v. Sallak - 3/27/1996
LEESON, Judge.
State Farm Fire and Casualty Company (State Farm) brought this declaratory judgment action to establish that it had no obligation to defend or to indemnify its insured, Sallak, in a personal injury action...
Castro v. Ogburn - 3/27/1996
The issue in this case is whether the trial court erred in dismissing this action with prejudice on the day of trial because plaintiff had not substituted the personal representative of defendant, who had died shortly after this...
In re Marriage of Sharolyn Louise Pugh - 11/29/1995
RIGGS, Presiding Judge.
Husband appeals from a dissolution judgment, arguing that the trial court awarded wife an inequitably large share of an annuity that resulted from settlement of a personal injury lawsuit during the...
North Pacific Insurance Co. v. Wilson''s Distributing Service Inc. - 11/29/1995
BUTTLER, Senior Judge.
Plaintiff commenced this action for declaratory relief seeking a determination that, under its liability insurance policy insuring Wilson's Distributing Service, Inc., and William E. Wilson (collectively...
In re Complaint as to Conduct of Donald Dickerson - 11/24/1995
This is a de novo review of a lawyer disciplinary proceeding. ORS 9.536; Bar Rules of Procedure (BRs) 10.1 and 10.6. The Oregon State Bar (the Bar) filed a formal complaint against the accused, charging him with multiple violations of...
Greist v. Phillips - 11/24/1995
The questions presented on review in this wrongful death case are: (1) whether the trial court erred when it allowed the jury to consider defendant Phillips' violation of certain federal regulations as evidence of negligence; (2)...
Reddekopp v. Reddekopp - 9/27/1995
LEESON, Judge.
SAIF seeks review of an order of the Workers' Compensation Board holding that claimant is entitled to a hearing on his claim for aggravation of a compensable injury. Because we agree with SAIF that the Board...
Wohl v. Spalding and Evenflo Co.''s Inc. - 9/6/1995
HASELTON, Judge.
Plaintiff Jeffrey Wohl, as the guardian ad litem of his daughter, Kayla, appeals from a summary judgment dismissing negligence and product liability claims against defendants, who manufactured, distributed,...
Tadsen v. Praegitzer Industries Inc. - 9/6/1995
DEITS, Presiding Judge.
Defendant employer appeals from the judgment for plaintiff, its former employee, in this action under ORS 659.121 for a wrongful discharge based on plaintiff's physical impairment resulting from an...
GTE Northwest - 8/24/1995
GTE Northwest, Inc. (GTE), challenges, under ORS 183.400, certain rules adopted by the Public Utility Commission (PUC). For the following reasons, we hold that the challenged rules are invalid.
I. FACTS AND PROCEDURAL BACKGROUND...
Cole v. Ford Motor Co. - 8/2/1995
LEESON, Judge.
Plaintiff brought this products liability action seeking damages for personal injuries suffered when the van in which she was a passenger crashed into a guard rail. Defendants Ford Motor Company and Landmark...
Hoffman v. Donahue - 8/2/1995
RIGGS, Presiding Judge.
Plaintiff Richard Hoffman was injured at work when he fell from a roof. Defendant Donahue & Associates Real Estate Investments, Inc., was his employer and did not have workers' compensation coverage...
Wheeler v. Williams - 8/2/1995
RIGGS, Presiding Judge.
Plaintiff appeals from the circuit court's dismissal of her personal injury action. On April 3, 1991, plaintiff was injured when the car in which she was a passenger was struck by a vehicle driven by...
Oregon v. Chakerian - 6/28/1995
COURT OF APPEALS OF OREGON
C93-07-34971, C93-07-34975, C93-07-34970, C93-07-34972 and C93-07-34973, CA A83155 (Control), CA A83173 to CA A83176
1995.OR.41774 ; 135 Or.App. 368; 900 P.2d 511
Filed: June 28,...
Blachly v. Portland Police Department - 6/21/1995
De MUNIZ, Judge.
Plaintiffs appeal from a judgment dismissing their complaint for negligence. The court granted defendant Children's Services Division's (CSD's) motion to dismiss pursuant to ORCP 21A(8). On review, we accept...
Cline v. Cline - 6/21/1995
Employer seeks review of an order of the Workers' Compensation Board that awarded claimant a penalty under ORS 656.268(4)(g). We reverse and remand for reconsideration.
Claimant suffered a compensable injury to his thumb. When...
Mutual of Enumclaw Insurance Co. v. Hemsoth - 5/31/1995
HASELTON, Judge.
Plaintiff Mutual of Enumclaw appeals from an adverse judgment in a declaratory judgment action pertaining to an insurance coverage dispute. The trial court determined, by summary judgment, that a child who had...
Kilminster v. Day Management Corp. - 2/22/1995
De MUNIZ, Judge.
Plaintiffs are the parents and personal representative of decedent, who was killed when he fell more than 400 feet while working inside the KGON tower. Defendant Day Management Corporation (DMC) was decedent's...
Farmen v. Farmen - 2/22/1995
LANDAU, Judge.
Employer seeks review of an order of the Workers' Compensation Board that directed employer to provide vocational assistance. We affirm.
The facts are not in dispute. In 1986, claimant worked as a welder...
Faris v. Gamble Inc. - 2/22/1995
LEESON, Judge.
Plaintiff brought this action against his employer, alleging unlawful employment practices under ORS chapter 659. The trial court granted defendant's motion for summary judgment on the ground that prior binding...
Bidiman v. Gehrts - 2/22/1995
EDMONDS, Judge.
In this claim for personal injury based on allegations of negligence, plaintiff appeals after the trial court granted defendant's motion for directed verdict and ruled that plaintiff did not prove that she was...
Burns Bros. Inc. v. Employment Division - 2/15/1995
EDMONDS, Judge.
Employer appeals a decision of the Employment Appeals Board in which it ruled that claimant was not discharged for misconduct connected with work and, therefore, is entitled to unemployment compensation...
Oberg v. Honda Motor Co. - 2/2/1995
This case is before us on remand from the Supreme Court of the United States. Honda Motor Co., Ltd. v. Oberg, 512 U.S. 415, 114 S.Ct. 2331, 129 L.Ed.2d 336 (1994).
INTRODUCTION
This civil case involves a product liability...
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