Blog Archives

Family of 3, Crushed and Killed by Concrete Slab on Washington Highway

Date: April 13, 2015

Location: State Route 410 in Bonney Lake

Names: Josh Ellis, Vanessa Ellis, Hudson Ellis

Family of 3, Crushed and Killed by Concrete Slab on Washington Highway

Monday morning a concrete slab fell from a construction site on State Route 410 in Bonney Lake crushing a family in a vehicle driving underneath.

A young couple identified as Josh and Vanessa Ellis and their 8-month-old son, Hudson, all died in the accident.

The cause of the large concrete structure to fall is still under investigation.

The part of material that fell was part of the original span of the overpass, which was built in 1992.

We extend our condolences to the family and friends of the family.

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 (SOL)(time limit on filing a claim) is different. For most car accidents, the SOL is two years, but for wrongful death, the SOL is “three years after the injury causing the death . . . is discovered or reasonably should have been discovered. . . .”

Additionally, there are limits on who can bring a wrongful death claim. The most common claimants are:

  • Spouses
  • Children (including stepchildren)
  • Parents (including stepparents)

Less common claimants include:

  • Grandchildren
  • Siblings
  • Grandparents

In a wrongful death case, you can ask for compensation for several types of damages such as:

  • Charges for medical services;
  • Charges for burial and memorial services;
  • Compensation that the decedent would have been entitled to for disability, pain and 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.

12 Injured when Church Roof Collapses during Easter Service

Date: April 5, 2015

Location: Rahway, New Jersey

Names: Unavailable

12 Injured when Church Roof Collapses during Easter Service

On Easter Sunday, people at a New Jersey church service heard a cracking sound above them before debris began falling as the roof collapsed.

At least 12 people were injured and taken to the hospital, several were initially trapped under the debris.

The collapse occurred at Korean United Methodist Church and the injured people were members of the Manatial de Vida Pentecostal congregation who rent out the church.

The cause of the collapse is still under investigation.

We wish everyone involved in the accident a full and speedy recovery.

In Oregon, property owners are responsible for making certain their property is maintained safely, without any unreasonable dangers. Despite laws intended to protect people, many accidents still occur due to dangerous conditions.

Common types of premises liability cases include:

Slip and Fall:

Example: A storeowner fails to mop up a wet floor, or provide proper traction, and a person slips and falls as a result.
Inadequate Maintenance:

Example: A hotel owner fails to maintain the premises, like when a falling tree branch injures a passerby because it has not been properly trimmed.
Defective Conditions:

Example: A property owner fails to repair or warn the public about a dangerous condition in the area, such as a broken staircase.

Inadequate Security.

Example: A parking structure company fails to install adequate lighting or warn patrons about dangerous criminal activity taking place on the premises.

If you have received injuries due to negligence by a property owner, contact a premises liability lawyer in Oregon to help you investigate, handle your case, and allow you to begin recovery.

High School Student Dies in ‘Car Surfing’ Accident

Date: March 31, 2015

Location: Kent-Meridian High School

Name: Lupo Benson

High School Student Dies in ‘Car Surfing’ Accident

Wednesday afternoon a Kent-Meridian High School student died after being hurt while “car surfing”.

Tuesday afternoon Lupo Benson, a senior, was riding on the outside of a car when he lost his grip and fell on the ground.

The video captured by campus cameras shows Benson on the hood of a car as it was moving around the parking lot.

Benson died Wednesday from his injuries.

We extend our condolences to the family and friends of Lupo Benson.

If a child is injured, the statute of limitations is complicated. ORS 12.160 states that the time for bringing the lawsuit does not start being counted until the child turns 18. However, the time limit will never be extended for more than five years, nor will it be extended for more than one year after the child’s 18th birthday.

This statute creates confusion for many people, some lawyers included. So if your child has been injured, in either an auto crash or another type of accident, protect their rights (and your financial well-being) by considering a qualified injury lawyer. Our Portland personal injury lawyers offer free consultations.

Crash Cuts Power to 2,000 in NE Portland | Portland Car Accident Attorneys

Date: October 20, 2009
Location: NE 145th Avenue & Glisan Street, Portland, Oregon
Names: [Unknown]

According to The Oregonian, a woman crashed into a utility pole in NE Portland, Oregon, on October 20, 2009, causing a power outage that affected 2,000 homes.

The crash, which occurred around 8:45 PM, knocked down a power line at NE 145th Avenue and Glisan Street, and split the pole in half. No one was seriously injured.

PGE crews were soon working to fix the pole and restore power. Most customers had their electricity back on by the next day.

Shulman DuBois LLC offers a library of documents with safe driving tips, to help keep you out of our office. And if an accident should happen, we offer free information on settling your case without a lawyer. You can also order our free book, 7 Common Mistakes That Can Wreck Your Oregon Accident Case, and you’re always welcome to contact us.

Police Seek Driver Who Crashed Stolen Truck | Oregon Accident Lawyers

Date: October 15, 2009
Location: Oregon Highway 370 (O’Neil Highway), Prineville, Oregon
Names: [Unknown]

Oregon State Police are asking the public’s help in finding the person who stole a pickup truck, crashed it into a guardrail west of Prineville, Oregon, and fled the scene, leaving the truck partly submerged in an irrigation canal.

A 48-year-old Prineville woman reported that her truck had been stolen sometime late on October 14, 2009. The next morning, according to KOHD.com, state troopers responded to a single-car crash on Highway 370, also known as O’Neil Highway, and discovered the vehicle abandoned and partially sunk in a shallow canal.

Preliminary investigation by state police revealed that the red 1993 Ford Ranger truck struck a guardrail while traveling east on the highway, left the road, and finally came to rest on its side in the canal. As of October 20, the unidentified driver had not been found.

Police are asking anyone who has information on the incident to contact Senior Trooper Russo at 541-388-6213, ext. 545.

Truck Hits Tree; Driver Injured in Crash | Portland Accident Attorneys

Date: October 13, 2009
Location: Greentree Road, Lake Oswego, Oregon
Names: Nathan Dale Lequieu

(Photo: OregonLive.com)

Nathan Dale Lequieu was “lucky,” according to firefighers. When the 36-year-old Southwest Portland man hit a tree in Lake Oswego, Oregon, the tree actually kept his Ford Ranger truck from falling all the way down a rugged embankment. As if that weren’t enough good fortune for one day, a fire crew was already in the area and was able to reach the scene on Greentree Road in less than a minute.

The fortuitous turn of events started around 10:30 AM on October 13, 2009, when Lequieu’s truck left the road. As it fell down the embankment, the truck hit a tree. According to OregonLive.com, the tree kept Lequieu from plunging another 20 feet.

Battalion Chief David Morris, spokesman for the Lake Oswego Fire Department, told OregonLive.com that the fire crew was able to stabilize the vehicle, attaching it to a firetruck so it wouldn’t move. “And because the truck hit the tree right in the middle of the grille, the sides of the truck weren’t damaged and we could get the patient out. He was lucky,” Morris said.

Lequieu was transported by ambulance to Oregon Health & Science University Hospital, where he was in fair condition as of October 13. Investigators have not yet determined what caused the accident. Greentree Road was closed until about 11 AM while emergency crews were on the scene.

Lequieu is surely counting his blessings, and we are thankful he is safe after a harrowing experience. We wish him the best as he recovers.

We want to caution our readers, however, that “luck” will not protect you in an accident situation. Vigilance, caution, and adherence to traffic rules are much more reliable than luck in keeping you safe on the road, and we urge all drivers to remember that safety should never be a matter of chance.

Many questions still surround this accident. What could have caused it? Poor road conditions may have caused this wreck – for all we know, there may have been a large pothole that has already caused three prior accidents, or maybe there’s a blind curve with a missing warning sign. If that is the case, there may be a lawsuit available against the city/county/state. Such a lawsuit would allow the injured person to receive compensation and hopefully prevent future accidents on that stretch of road. Maybe the car was recently brought in for a tune-up, and the mechanic replaced the steering mechanism carelessly, and the car lost steering. These things do happen, and when someone is seriously injured, a competent Oregon personal injury attorney can investigate and find out what truly happened. Usually at no cost.  For more information on what to do in the case of an Oregon accident, contact our office or read 7 Common Mistakes That Can Wreck Your Oregon Accident Case.

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