Passenger Dies in Maserati Rollover Crash near Gladstone
Date: February 16, 2015
Location: Southeast Jennings Road
Name: Cory Ryan Leonard, Walter Lawrence Cuenca
Very early Monday morning after midnight, a Maserati was spotted upside down on Southeast Jennings Road near Jade Court.
The driver, Cory Ryan Leonard, 35, of Clackamas, was speeding when he lost control of the car and hit a power pole before the car flipped.
The passenger, 58-year-old Walter Lawrence Cuenca, of Antioch, California, was pronounced dead at the scene and the driver was injured.
Police believe alcohol and speed were factors in the crash.
We extend our condolences to the family and friends of Walter Lawrence Cuenca and wish Cory Ryan Leonard a full and speedy recovery.
Oregon wrongful death claims are allowed under ORS 30.010-30.100. But the law is much more complicated than a normal accident case. First of all, the statute of limitations (time limit on filing a claim) is different. For most car accidents, the SOL is 2 years, but for wrongful death, the SOL is “three years after the injury causing the death . . . is discovered or reasonably should have been discovered. . . .” In other words, it’s not three years from the date of death; it’s three years from the date of the original injury that ultimately caused the death.
Additionally, there are limits on who can bring a wrongful death claim. The most common claimants are:
- Children (including stepchildren)
- Parents (including stepparents)
Less common claimants include:
In a wrongful death case, you can ask for compensation for several types of damages as well.
Compensatory damages include.
- Charges for medical services;
- Charges for burial and memorial services;
- Compensation that the decedent would have been entitled to for disability, pain, suffering and loss of income during the period between injury and death;
- Compensation for “pecuniary loss” to the decedent’s estate;
- Compensation for the loss of the decedent’s “society, companionship and services” to the decedent’s spouse, children, stepchildren, stepparents, and parents;
Punitive damages are allowed as well, but are rare in Oregon since the State takes 70% of punitive damages awarded. If you have lost a loved one, call a Portland wrongful death attorney for help in securing the compensation you deserve.
Posted on February 18, 2015, in Automobile Accidents, Car Accidents, Drunk Driving, Oregon Car Accidents, rollovers, speeding, Wrongful Death and tagged car crash, clackamas county, Cory Ryan Leonard, driving under the influence, gladstone, jade court, maserati, maserati crash, rollover crash, southeast jennings road, speeding, Walter Lawrence Cuenca, wrongful death. Bookmark the permalink. Leave a comment.