Category Archives: Lawsuits Against the State

A teenage driver died in a rollover crash on Sunday, July 6, 2014

Date: July 6, 2014
Location: U.S. 30, St. Helens
Name: Seeaira Hicks, Scott Hamlin

A teenage driver died in a rollover crash on Sunday, July 6, 2014.

Police report that Seeaira Hicks, 16, of St. Helens was operating her 1993 Subaru on U.S. 30 near milepost 53 when the accident occurred. The vehicle was eastbound when it left the roadway and rolled over several times. It eventually came to a rest on its top.

Hicks died at the scene of the accident. Her passenger, Scott Hamlin, 16, of St. Helens suffered minor injuries. He was taken to PeaceHealth St. John Medical Center in Longview, Wash. for treatment of his injuries.

The accident occurred just before one a.m. The airbags in the vehicle deployed and both parties were wearing seatbelts. There is no evidence that drugs or alcohol were contributing factors in the crash and the investigation continues at this time. No other vehicles were involved.

We would like to express our deepest sympathies to the family and friends of Seeaira Hicks. It is a true tragedy to lose a loved one at such a young age and our thoughts are with you during this incredibly difficult time. In addition, we would like to wish Scott Hamlin a fast and full recovery.

While many single car accidents are considered to be the fault of the driver, it is not uncommon for these types of accidents to be more complex than they appear. Poorly maintained roads, bad signage or traffic control devices, negligent mechanics, car manufacturing defects and/or poor design, can all contribute to a single-car accident.

To protect your rights, and any potential claim you may have, it is imperative to investigate these other possible causes as soon as possible. Road repairs, changes to the intersection, etc., can all obscure the evidence you might need to prove your claim. And, if a public body is negligent, you may lose your rights if you don’t send an Oregon Tort Claim within 180 days.

In a single-car accident, your Personal Injury Protection (PIP) should cover all your lost wages and medical bills up to at least $15,000 (the minimum coverage required by Oregon law). PIP is no-fault insurance, so PIP applies no matter who is found at fault for the accident.

If you or someone you know has been involved in a single car accident that they believe was not their fault, consider talking to an experienced Portland accident attorney or reading 7 Common Mistakes That Can Wreck Your Oregon Accident Case, which can answer the most common questions people have after a car accident.

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Multnomah Grand Jury Finds No Wrongdoing in Fatal Shooting by Police

Date: June 12, 2014
Location: Springwater Corridor, south of Foster, Southeast Portland
Name: Nicholas Glendon Davis

A Multnomah Grand Jury has found no wrongdoing on the part of the police in a fatal shooting last month.

The incident occurred when Officer Robert Brown and Officer Matthew Nelsen were responding to a robbery report on Southeast Foster Road and 104th Avenue. The victim then told them he had been assaulted and not robbed. The officers located the suspect in Springwater Corridor, south of Foster. The suspect appeared to be living there and swung a crowbar at them when they attempted to talk to him. The officers then began to back away when Brown tripped and fell. As Davis continued to advance with the crowbar, Brown fired his handgun, wounding Davis, who died from the injury.

The police released a picture of the crowbar as evidence. Neither officer was injured in the incident. Brown is a 15-year veteran of the police force, while Nelsen has 18 years experience working with the police. Davis has had brushes with the law before but has never been convicted of violent crimes.

We extend our sympathies to the family and friends of Davis.

Our hearts and sincere condolences go out to the friends and family of Davis during this challenging and tragic time.

In these cases the grief of losing a loved one is deepened by the knowledge that their death may have been due to someone else’s negligence. While it is a small consolation, it is possible to file a wrongful death claim under ORS 30.010-30.1000.

The Oregon statute outlines who is entitled to compensation. Spouses, children, and parents are the most common claimants, but under some circumstances, grandchildren, siblings, and grandparents may be able to bring a wrongful death claim as well. A Personal Representative, usually chosen by the family and approved by a judge, must bring the lawsuit for these beneficiaries.

It is important to note that the time limits for filing a wrongful death claims are very complicated and depend entirely on the circumstances. Your time limit (statute of limitations) may be as little as one year, so preserving evidence and seeking legal help in a timely manner can be extremely important to the case.

If you need to speak with a Portland wrongful death attorney, most offer free consultations. Many will also help you investigate the accident for free until you decide what to do about representation. Let them help you navigate this legal process, so that you can grieve without jeopardizing your rights.

If you are looking for more information about wrongful death claims, please order our free guide, Oregon Wrongful Deaths: A Family Guide to the Civil Justice System After the Death of a Loved One.

A Women who was injured by light-rail doors shutting on her is suing TriMet for $215,000

Date: October 22, 2013
Location: Oregon Convention Center Station
Name: Raissa Moore

A woman who was injured when the doors of a light-rail train closed on her is suing TriMet for $251,000.

Raissa Moore, a 77-year-old Portland resident, has filed suit stating that TriMet failed to maintain its doors so they don’t close on boarding passengers. As Moore was attempting to board a crowded train, the doors closed on her and she fell to the platform. She reportedly suffered fractures to her hip and to her pelvis in the incident. Her attorney, Stephen Kahn, reported that she had over $100,000 in medical bills due to the doors closing on her and the subsequent fall.

The incident occurred on Oct. 22, 2013, at the Oregon Convention Center station.

TriMet has not commented on the suit, other than to say they don’t comment on cases in active litigation.

We would like to offer our best wishes to Raissa Moore for a full recovery from her injuries.

When a person is injured by an employee of the city, county, state, or other public body, or by their negligence, the injured person may be able to sue the public body for damages and their injury.

To do so, they must alert the public body that caused their injury through a Tort Claim Notice. In most cases the Tort Claim Notice must be received no later than 180 days from date of the injury. If the accident is fatal, however, the Notice must be received within one year. Filing a lawsuit against a public body is more complicated than suing a private person, so you may want to work with an experienced Oregon injury lawyer.

Details regarding the process of sending an Oregon Tort Claim Notice are available in ORS 30.275. Be careful, though, because in some cases more than one public body may be ultimately responsible, as when a “city” street is actually maintained by the county, for example, and a Tort Claim Notice will need to be sent to both.

If you still have questions after reading the Oregon Statute, you should contact an Oregon personal injury attorney. They will be able to answer your questions, assess your case, and if you hire them, support and guide you through this complex legal process.

Several people injured in an accident that involved two police cars on Tuesday, June 17, 2014

Date: June 17, 2014
Location: Salmon Ave., Redmond
Name: Officer Jered Kirk, Ashley Maxey

Several people were injured in an accident that involved two police cars on Tuesday, June 17, 2014.

Redmond Police Officers were responding to a call relating to a fight when the accident occurred. Officer Jered Kirk was driving a Ford Crown Victoria patrol car westbound on Salmon Ave with his lights and sirens on. On learning that one of the suspects had fled the scene, Officer Kirk attempted to make a U turn to pursue them. As he was turning, he was hit by a Ford Explorer driven by Sgt. Aaron Wells. Wells then collided with a 2000 Chevy Impala driven by Ashley Maxey, 23, of Redmond.

Kirk and Maxey both suffered minor injuries and were taken by ambulance to St. Charles Redmond Hospital. They were released after receiving treatment for their injuries. Officer Wells was not injured in the accident.

It was not reported if the suspect from the fight was apprehended. The accident is still under investigation at this time.

We would like to express our best wishes for a fast and full recovery to both the parties injured in the crash. Our thoughts are with you as you recover from your injuries.

When a person is injured by an employee of the city, county, state, or other public body, the injured person may be able to sue the public body for damages and their injury.

To do so, they must alert the public body that caused their injury through a Tort Claim Notice. In most cases the Tort Claim Notice must be received no later than 180 days from date of the injury. If the accident is fatal, however, the Notice must be received within one year. Filing a lawsuit against a public body is more complicated than suing a private person, so you may want to work with an experienced Oregon injury lawyer.

Details regarding the process of sending an Oregon Tort Claim Notice are available in ORS 30.275. Be careful, though, because in some cases more than one public body may be ultimately responsible, as when a “city” street is actually maintained by the county, for example, and a Tort Claim Notice will need to be sent to both.

If you still have questions after reading the Oregon Statute, you should contact an Oregon personal injury attorney. They will be able to answer your questions, assess your case, and if you hire them, support and guide you through this complex legal process.

Man Hit by MAX at SE Division St. Station

Date: December 22, 2013
Location: Southeast Division Street Station at 94th Avenue, Portland
Name: Victim Not Named

A man was injured after being struck by a Portland MAX train on Sunday, December 22, 2013.

Very few details are known at this time, however, police believe that the unidentified man either walked or ran in front of the southbound train, as it was slowing for station stop at Southeast Division Street Station at 94th Avenue. The man was then pinned under the train.

Rescue crews arrived on the scene and had to use equipment to move the train and free the man who was trapped. Shuttle buses were provided as railway service was interrupted for a period of time.

The man’s name has not been released and the extent of his injuries, as well as his current condition is not known, though it was reported that he survived the incident. It is not known why the man was walking or running across the train tracks.

We would like to express our best wishes for a fast and full recovery to the man who was hit by the train. Usually, victims of such accidents do not survive and the man involved was very fortunate that he was not killed in the accident. Our hopes are with him for a full recovery.

When a person is injured by an employee of the city, county, state, or other public body, or by their negligence, the injured person may be able to sue the public body for damages and their injury.

To do so, they must alert the public body that caused their injury through a Tort Claim Notice. In most cases the Tort Claim Notice must be received no later than 180 days from date of the injury. If the accident is fatal, however, the Notice must be received within one year. Filing a lawsuit against a public body is more complicated than suing a private person, so you may want to work with an experienced Oregon injury lawyer.

Details regarding the process of sending an Oregon Tort Claim Notice are available in ORS 30.275. Be careful, though, because in some cases more than one public body may be ultimately responsible, as when a “city” street is actually maintained by the county, for example, and a Tort Claim Notice will need to be sent to both.

If you still have questions after reading the Oregon Statute, you should contact an Oregon personal injury attorney. They will be able to answer your questions, assess your case, and if you hire them, support and guide you through this complex legal process.

Man Hit By Portland Light Rail, Suffered Life-Threatening Injuries

Date: November 5, 2013
Location: Southwest Portland
Name: Unknown

A man hit by a Portland light rail train on Tuesday suffered life threatening injuries.

Very few details have been reported at this time. However, what is known is that a pedestrian was hit on Tuesday, November 5, 2013, in the evening by a MAX light rail train. Following the collision, he was taken to an area hospital for treatment due to serious life threatening injuries.

The accident occurred in southwest Portland, though the specific area the man was hit was not named. The accident disrupted some of the light rail traffic in the southwest Portland area as well.

The accident is currently being investigated by transit police and the TriMet transit agency. The identity of the man hit has not been released and the specifics of the accident have not been released either. The man’s current condition is not known and all that is known is that he was taken to an area hospital with life threatening injuries.

We would like to express our deepest wishes that the man seriously injured in the accident has a fast and full recovery. Our thoughts are with the victim, as well as his family and friends as they deal with the results of this terrible accident.

When a person is injured by an employee of the city, county, state, or other public body, or by their negligence, the injured person may be able to sue the public body for damages and their injury.

To do so, they must alert the public body that caused their injury through a Tort Claim Notice. In most cases the Tort Claim Notice must be received no later than 180 days from date of the injury. If the accident is fatal, however, the Notice must be received within one year. Filing a lawsuit against a public body is more complicated than suing a private person, so you may want to work with an experienced Oregon injury lawyer.

Details regarding the process of sending an Oregon Tort Claim Notice are available in ORS 30.275. Be careful, though, because in some cases more than one public body may be ultimately responsible, as when a “city” street is actually maintained by the county, for example, and a Tort Claim Notice will need to be sent to both.

If you still have questions after reading the Oregon Statute, you should contact an Oregon personal injury attorney. They will be able to answer your questions, assess your case, and if you hire them, support and guide you through this complex legal process.

 

 

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