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
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