Personal Injury

Personal Injury

Argument Between Southeast Portland Neighbors Results in Wrongful Death Claim

Neighborly disputes are not uncommon, but what is uncommon is for them to turn fatal. Unfortunately for one Southeast Portland man, voicing his concern regarding a speeding neighbor ultimately ended his life. 

A few days before his death, Dean Anthony Kuntz visited the Landis residence and spoke to the wife about her husband’s speeding in the neighborhood. According to the lawsuit, he was concerned that children may get hurt by Landis’ reckless driving. 

On June 28, Jon Landis confronted Kuntz at Kuntz’s residence. Kuntz’s daughter states that her father stepped outside and the two men began to argue. Kuntz asked Landis to leave the property and Landis, after taking a few steps towards the road, turned and fatally shot her father twice in the chest.

Estate Seeking $2 Million in Damages 

The wrongful death lawsuit filed by Kuntz’s estate is now seeking $2 million in noneconomic damages as well as an undetermined amount to cover the loss of Kuntz’s income, funeral and all related costs. The suit states that Kuntz’s death was the result of Landis’ reckless conduct and his failure to control his “angry impulses”. 

It also highlights the fact that Landis chose to arm himself with a gun. 

The lawsuit also contends that Landis’ wife was negligent for the following reasons: 

  • She failed to keep her husband from arming himself with a gun prior to heading to the Kuntz’s home
  • She failed to warn the Kuntz family of her husband
  • She failed to ensure that her husband did not speed through the neighborhood 

Essentially, the suit alleges that she knew of her husband’s temperment, knew he packed a gun, and knew he was going to get into a verbal – if not physical – confrontation with Kuntz, yet did nothing to stop him, warn the Kuntz family, or call authorities.

Who Can Be Sued for Wrongful Death? 

A wrongful death lawsuit can be brought against a variety of persons, employees, companies and even government agencies. Let’s say there was a car accident involving both a drunk driver and a faulty roadway. A wrongful death action could include:

  • The driver/employer at fault for the accident
  • The government agent who did not provide adequate warnings about a potential road hazard
  • The designer/builder of the faulty roadway
  • The person(s) who served, sold or provided the impaired driver with alcohol

There is a lot of misinformation about wrongful death claims and what your rights are as a person who has lost a loved one. At Dwyer Williams Dretke Attorneys, PC, we make sure that our clients receive the care and attention they need so that you are not only financially compensated for your loss, but that you are able to fully focus on your emotional recovery. 

If you have lost a loved one prematurely as a result of someone else’s actions, we  invite you to give us a call at (541) 617-0555 to arrange for your free consultation.

Bicyclist Sues City of Portland for Spine Injury

A bicyclist who suffered a spine injury in a 2013 road accident has recently filed a lawsuit against the City of Portland, the Oregon Department of Transportation and TriMet. The plaintiff, a 59-year old man, was riding home from work when a pickup driver struck him and drove off without stopping. The lawsuit does not name the driver, whose identity remains unknown.

 

Details of Lawsuit for Spine Injury

 

The bicycle accident happened on the North Interstate Avenue at around 11:30 p.m. At the time of the incident, the bicyclist was wearing two reflection vests and his bike was equipped with 5 lights. A Ford F-350 pickup truck hit the plaintiff somewhere near Greenley Avenue, which is reportedly a common site of bicycle accidents.

 

The bicyclist suffered extensive injuries, particularly a broken spine in at least 11 places, broken ribs, a lacerated liver and internal bleeding. He has been paralyzed following his spine injury and is now seeking compensation in the amounts of:

 

  • $15 million for pain and loss of enjoyment of life
  • $1.75 million for medical and rehabilitation costs for the past 2 years
  • $2.5 million for future costs
  • $250,000 for the payment of household duties that he can no longer perform
  • $100,000 for lost wages, and
  • $300,000 for future lost earnings

 

His wife also seeks compensation in the amount of $1.5 million for lost company, support, service, and comfort of her husband.

 

Allegations Against the Defendants

 

The plaintiff claims that the road’s design was too narrow, inconsistent with an Oregon Administrative rule stating that the ideal width for a bicycle lane is at least 6 feet. He attributes fault to the city for failing to maintain a bike lane of at least 6 feet wide and TriMet for its dangerous redesign of the North Interstate where several cyclists have been injured in accidents.

 

The lawsuit also alleges that the defendants were negligent for their failure to install signs warning drivers of narrow lanes and of the presence of bicyclists on the road. The plaintiff adds that the road where the accident happened bears faded lines between car and bike lanes, a clear indicator, they say, that cars drive over to the bicycle lane.

 

If you or a loved one is suffering from a spine injury arising from an accident, you may be entitled to compensation. In Portland, Oregon, the law offices of Dwyer Williams Dretke has a wide range of experience in handling personal injury cases involving spine injury. Ask us about your legal options by calling today for a free consultation, at (541) 617-0555.

Proving Damages in a Slip-and-Fall Case

Slip and fall accidents can result in serious injuries. Oftentimes these injuries will prevent you from going back to work – perhaps for an extended period of time. So it is important to consult a personal injury attorney who can assist you in holding liable the party responsible for your accident.

 

You will have the best chance of obtaining compensation from the liable party if you have a strong case and a professional, competent, experienced premises liability attorney.

 

How to Prove Damages When You Have a Slip-and-Fall Claim

 

In order to recover compensation for physical injuries, lost wages, and the inability to earn a living or compensation for pain and suffering, you must be able to show a jury or judge that you suffered damages as a result of another party’s negligence.

 

There are many ways to prove you have been injured in such accidents, but negligence is often the legal argument used. Put simply, negligence is when a person or entity had a duty to another person; that duty was breached; and the breach of that duty caused damages to the victim.

 

If you have been injured in a slip and fall accident, it is essential to do the following:

 

  • Document when and where the accident took place. If you have access to a camera (which these days most people do via their mobile phones), take photos of the accident site. If you are unable to do this, ask a friend or family member to do this for you.
  • Obtain a police report. If law enforcement or paramedics are called, make sure you obtain the report from that visit. This will show that you were injured immediately upon the slip and fall.
  • Keep all medical records for any doctor or hospital visits and keep a record of all medical bills you receive as a result of those visits.  Likewise, be complete in your reporting of what happened and what your symptoms are at each medical visit.
  • Keep track of how much time you have to take off from work, including how much this has cost you in terms of lost wages. This will be important if you are making a lost wages claim.
  • If you are unable to return to work, ensure to get this opinion, in writing, from your doctor. A court will want to see that a medical professional has not cleared you to return to work.

 

Consult a Slip-and-Fall Attorney

 

The personal injury attorneys at Dwyer Williams Dretke have been handling slip and fall claims for many years. We are skilled at bringing a case to, and through, trial (if necessary) as well as successfully engaging in settlement negotiations in an effort to keep costs to our clients to a minimum.

 

If you are a victim of a faulty premises, or of a dangerous substance on the floor, and you want an initial consultation, we welcome your call at (541) 617-0555.

Oregon Woman Dies in Car Crash: Driver Under Influence of Marijuana

The cause of a recent fatal crash on I-5 in Turnwater, Washington, has been discovered. The driver of the car that caused the auto accident was under the influence of marijuana. He has been charged with vehicular homicide and driving under the influence.

 

The man was driving at 5:39 in the morning at a speed exceeding 100 miles per hour according to law enforcement. His car crashed into another car driven by a 43-year-old woman from Oregon. Her car rolled into a ditch, and she died as a result of the crash.

 

During an accident investigation, law enforcement officials smelled marijuana on the driver of the suspect vehicle. They obtained a search warrant for a blood test to determine whether the driver was under the influence of drugs at the time of the crash.

 

Marijuana Played a Role in Crash

 

While there is an ongoing legal battle to make marijuana legal, and while it has been legalized in several states including Oregon, people often forget that it is a drug that has mind-altering properties.

 

According to a Washington law enforcement official, people tend to forget that they can be impaired by the use of marijuana. Driving while under the influence of this drug can result in serious accidents, including ones such as this that result in fatalities.

 

The man who caused the crash has been prohibited from using controlled substances. He is being held on $30,000 bail.

 

Consult a Personal Injury Attorney

 

If you, or a loved one, have been in a car accident caused by someone driving under the influence of drugs or alcohol, you may be entitled to compensation. The auto accident attorneys at Dwyer Williams Dretke have over 100 yearss of collective experience handling car crash claims, and we fight tirelessly to uphold the rights of our injured and recovering clients.

 

To arrange an initial consultation to discuss your case, we welcome your call at (541) 617-0555.

Towing Company Sued for Fatal Truck Accident

The family of a driver killed in a fatal truck accident on Highway 99W Southwest of Dundee has sued the towing company and its driver for wrongful death.

 

According to an Oregon state police report, the towing company’s Ford F6500 with a 21-foot bed stopped at a crossover on the highway near Trunk Road.  That’s when another vehicle, a Dodge Ram, crashed into its rear portion that was protruding into the fast lane in which the Dodge Ram was traveling.

 

The Ram’s 85-year old driver suffered critical injuries and died 5 days after he was airlifted to a hospital in Portland. The tow truck driver was uninjured.

 

Negligence Causing the Truck Accident

 

While the police report determined that the deceased Ram driver was responsible for the collision, the deceased driver’s family disagree with its findings which mentioned that the deceased driver failed to maintain a safe distance from a roadside vehicle.

 

In their lawsuit, the family of the deceased driver maintains an opposite view and allege that the crash arose from the negligence of the towing company, and its driver, by not operating the large vehicle in a safe manner. The family is claiming $1.2 million in damages.

 

Truck Accident Claims

 

In Oregon, motorists regularly face truck accident risks as they share the highway with large trucks, semi-trucks and tractor-trailers. Due to the massive weight and size of these vehicles, trucks and similar heavy-weight vehicles can cause serious damage and injury to lighter vehicles and their passengers.  Moreover, it is not unusual for a police officer to cite the wrong party, as they simply do not have the time to dig as deep into the facts as an experienced personal injury attorney does.

 

If you or a loved one is involved in a truck accident, even if you were cited, you may be entitled to compensation for your injuries.

 

In Oregon, the accident injury attorneys at Dwyer Williams Dretke have over 100 years of combined truck accident experience, assisting injured plaintiffs in more than 600 cases in the last 3 years recover the amount of compensation that they legally deserve.

 

We also handle other personal injury cases such as slip and fall accidents, dog bites and attack, bicycle, motorcycle, and pedestrian accidents, and car accidents.

 

Call us today at (541) 617-0555 to speak to an attorney about your situation.