“Sleep Driving” a Defense to Strict-Liability DUII in Oregon

Last week the Oregon Supreme Court issued its decision in “State v. Newman”, an appeal whose facts arose from a Driving Under the Influence of Intoxicants (DUII) conviction. In the state of Oregon, most cases require that a person act knowingly, negligently, or recklessly in order to be found guilty.  In this case, the defendant … Read More

Super Bowl Weekened DUIIs Down Over Last Year

Super Bowl XLVII has come and gone, and with it another Super Bowl weekend.  Every year this weekend is accompanied by long lines at the grocery store, dozens of football-themed commercials, and of course with a surge in drunk driving. However, according to an encouraging press release issued this morning by the Oregon State Police … Read More

“Open and Obvious” Conditions and Unreasonable Danger in Premises Liability

Instructing Potential Jurors about Open and Obvious Conditions An “open and obvious” condition is not a total bar to recovery in premises liability cases because to hold so would interfere with the purpose of comparative negligence statute. Indeed, the “open and obvious” defense is in fact the dfense of assumption of the risk. The law notwithstanding, this … Read More

Trial Report – Bend DUII Accident, Part III

The DUII-auto accident trial detailed in the last two posts took four full days. When they jury returned, they awarded my client the following: $8,350.10 for all past medical expenses. No future medicals. This was the most surprising part of the award decision, since they related all priors up to last November. No lost wages … Read More

Trial Report – Bend DUII Accident, Part I

On April 11, 2008, at about 8:45 p.m., our client was leaving a bar in Bend when he saw the Defendant engaged in a physical altercation with another patron. Our client watched the Defendant – who has admitted to drinking alcohol before this incident – strike the patron, pushing him into our client before the … Read More

One Way Street Accident Case Settled in the Right Direction

Our client had attended a show at a downtown Eugene, Oregon venue and was headed home about 2:30 am. He was sober and wearing his seat belt. He was leaving downtown on a one way street when he saw a car approaching in the opposite direction – going the wrong way on the one way.  … Read More

Lost Wages, Medical Expenses Recovered in Car Accident Settlement

One weekday morning in Eugene, Oregon, our client was driving to work in his Toyota Rav4. He was wearing his seat belt and driving his usual commute – nothing out of the ordinary. Nothing, that is, until a Jeep Cherokee driving in the opposite direction swerved across the center line and collided head-on into our … Read More

Personal Injury Attorney Influences the Outcome of DUII Case

Our client, a young woman, and one of her good friends had gone out for lunch and done some shopping on a cloudy Saturday in Medford, Oregon. Our client’s friend was driving her back home, along a route both ladies knew well. They were traveling along an s-shaped curve when they suddenly met a car … Read More

DUII Accident Attorney Settles Claim for Late Client’s Wife

Our client and his wife were driving home from having dinner at their favorite Eugene, Oregon restaurant. Our client, an elderly man, was in his motorized wheelchair, secured in his specially outfitted van, which his wife was driving. They were just a few miles from their house when a drunk driver swerved across the center … Read More