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Case Number: 3:22-cv-00266
Judge: Jolie A. Russo
Court: United States District Court for the District of Oregon (Multnomah County)
Plaintiff's Attorney: Joe Picucci
Defendant's Attorney: Donald E. Johnson
Description: Portland, Oregon personal injury lawyer represented Plaintiff who sued Defendants on negligence theories.
Oregon follows a modified comparative negligence system when it comes to personal injury cases. This means that a plaintiff can still recover damages even if they are partially at fault for their own injuries, as long as their fault is less than or equal to the combined fault of the defendant(s).
For example, if a plaintiff is 40% at fault for their own injuries and the defendant is 60% at fault, the plaintiff would be able to recover 60% of their damages.
The modified comparative negligence system in Oregon was adopted in 1973. Prior to that, Oregon followed a contributory negligence system, which meant that a plaintiff could not recover damages if they were even partially at fault for their own injuries.
The modified comparative negligence system is considered to be a more fair system than contributory negligence, as it allows plaintiffs to recover damages even if they made some mistakes. However, it also encourages plaintiffs to take reasonable care to avoid accidents, as their fault will be taken into account when determining the amount of damages they can recover.
If you have been injured in an accident in Oregon, you should speak to an attorney to discuss your legal options. An attorney can help you determine whether you have a case and can represent you in court if you decide to file a lawsuit.
Here are some of the elements that must be proven in order to establish negligence in Oregon:
The defendant owed the plaintiff a duty of care.
The defendant breached that duty of care.
The plaintiff's injuries were caused by the defendant's breach of duty.
The plaintiff suffered damages as a result of their injuries.
If you can prove all of these elements, you may be able to recover damages from the defendant. The types of damages that you may be able to recover include medical expenses, lost wages, pain and suffering, and emotional distress.
It is important to note that the statute of limitations for personal injury cases in Oregon is two years. This means that you must file your lawsuit within two years of the date of your accident. If you miss the deadline, you may be barred from recovering any damages.
If you have been injured in an accident in Oregon, it is important to speak to an attorney as soon as possible. An attorney can help you understand your legal rights and options and can represent you in court if you decide to file a lawsuit.
Outcome: 07/25/2023 23 JUDGMENT: Based upon the stipulation of the parties, it is hereby Ordered and Adjudged that this matter is Dismissed with prejudice and without costs or fees to any party. Signed on 7/25/23 by Magistrate Judge Jolie A. Russo. (gm) (Entered: 07/25/2023)