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In Albany, Oregon, five people were hurt in a Linn County multi-vehicle crash on Friday when a driver in a stolen Jeep Cherokee ran a red light while fleeing from police. The suspect, 22-year-old Portland resident Kyle Holder, ran a red light before colliding with an Eagle Summit, a Toyota pickup, and a Nissan Sentra. Holder then fled the scene on foot but was later apprehended by police.

Oregon car crash victims who were injured include John Dinnis, 63, and Candice Dinnis, 56, who are both from Monmouth, John Carreira, 46, Robert Foss 49, and Scott Foss, 19, who are all from Albany.

Holder faces five counts of third-degree assault charges in Linn County and he is wanted in Multnomah County for assault, robbery, attempted strangulation, harassment, theft, burglary, and interfering with the making of a police report.

Running a Red Light
According to the Insurance Institute for Highway Safety, about 260,000 motor vehicles accidents occur every year because a driver ran a red light. For example, 206,000 US traffic accidents occurred because of red light running in 2003—934 people died and 176,000 got hurt as a result.

A few common reasons why people run red lights:
• To avoid having to wait for the light to turn green again.
• To avoid law enforcement officers who might be pursuing them.
• Driver distraction causes them to not realize they are about to run a red light.

Running a red light can lead to serious auto injury accidents. The driver responsible for causing a traffic accident because he or she ran a red light can also be held liable for Oregon personal injury or wrongful death.

For motorists wishing to protect themselves against red light runners, the Allstate Web site recommends:
• Make sure that when the light at the intersection in front of you turns green that you check to make sure there are no vehicles on all sides of you that are about to run a red light.
• Drive carefully into an intersection in case a motorist decides to run a red light.
• Pay extra attention when turning at intersections.

Man caught in Albany chases faces more charges in Portland, OregonLive.com, March 24, 2009
5 injured in 4-car crash as driver flees police, KVAL.com, March 23, 2009
Running red lights, Allstate
Related Web Resources:
Oregon DMV

State Traffic and Speed Laws, MIT.edu

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In Oregon, the family of Tracey Sparling is suing a cement truck driver and his employer for her wrongful death. Sparling, 19, sustained fatal crush injuries on October 11, 2007 after her bicycle was struck by the large truck. The deadly Portland truck accident occurred at the intersection of Burnside and Southwest 14th Avenue.

Both Sparling and truck driver Timothy Wiles were stopped at a red light. Sparling was stopped in a bike lane located on the right side of the road in an area that Wiles couldn’t see.

When the light turned green, the trucker turned right. Sparling was crushed under the truck’s back wheels. The cement truck, which weighed 40,000 pounds, belonged to Rinker Materials, which was purchased by Cemex Corp.

In Oregon, lawmakers are considering revising the current state drunk driving laws so that they include all substances that could impair someone’s ability to safely drive a motor vehicle. The current Oregon DUI laws cover alcohol and controlled drugs. A person apprehended or who causes an Oregon motor vehicle accident because he or she was abusing medication or overmedicated, however, cannot currently be prosecuted for drunk driving because state law regarding driving under the influence of intoxicants does not define these substances as intoxicants.

Those who oppose changing the law, however, say adding prescription drugs and over-the-counter drugs to the list of intoxicants under Oregon’s drunk driving laws would place motorists who actually need to take the medication for their health at a huge disadvantage.

Impaired Driving Caused by Medication
Catastrophic Oregon motor vehicle crashes have been known to occur because a motorist was under the influence of strong medication. For example, one teen driver drank two bottles of Robitussin cough medicine right before becoming involved in an Oregon rollover accident. Although Portland police charged him with Oregon DUI, the criminal charge was eventually dropped.

Medication and Driving
Medication, depending on the kind of drug and the dose taken, can lead to drowsiness, dizziness, difficulties focusing, nausea, vision difficulties, delayed reflexes, and unconsciousness. These are not the kind of side effects you want to have when operating a motor vehicle anywhere in the United States.

While many medications are prescribed by doctors to maintain a patient’s health, especially someone who is suffering from depression, heart problems, diabetes, Parkinson’s disease, high blood pressure, schizophrenia, and other conditions, it is the responsibility of the person taking the drugs to make sure that he or she doesn’t drive while under the influence of such medicines.

Any kind of impaired driving is dangerous driving. Too many lives are lost every day in drunk driving accidents because someone was driving under the influence of alcohol, drugs, or medication.

Oregon ponders new drunken driving law, SeattlePINews.com, March 9, 2009
Related Web Resources:
Impaired Driving, CDC
Driving Under the Influence of Intoxicants, Oregon State Legslature

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A new study published in the new issue of Otolaryngology — Head and Neck Surgery is reporting that children have a greater chance of getting bitten by a dog and sustaining a serious injury to the neck or head areas in the summer time. This finding is based on an analysis of 84 dog bite cases involving child victims.

The reason for why this happens is not clear, but two possibilities are that the hot weather may put dogs in a worse mood, while kids tend to spend more time outside the house playing with pets.

According to the study:
• Family pets caused 27% of dog bite injuries.
• 34% of dog bite wounds occurred on children’s cheeks.
• 21% were lip injuries.
• 8% were ear injuries.
• 8% were nose injuries.
• The average wound size was 7.15 centimeters.
• 64% of children who sustained dog bite wounds had injuries on more than one part of the body.
• The pit bull is the breed most likely to attack or maul a child victim.

Children and Dog Bites
Dog bites can cause serious harm to a child. A dog that mauls a child can cause serious bodily harm and/or facial disfigurement. Sometimes, it may take years until a child is fully-grown before he or she can undergo all the necessary reconstructive surgeries. This can lead to ongoing physical suffering, as well as mental and emotional trauma. Serious scarring from dog bite wounds can also deprive a boy or girl from experiencing a normal childhood.

In the US, about 44,000 dog attacks each year result in facial injuries. 1% of all emergency room visits involve a patient who was injured in a dog attack or a dog mauling. The Centers for Disease Control and Prevention says about 800,000 dog bite victims a year will require medical treatment. Nearly 50% of people injured in dog attacks are younger than age 12.

Dog bite risk for kids greatest in summer

Otolaryngology — Head and Neck Surgery

Related Web Resources:
Dog Bite Prevention, Centers for Disease Control and Prevention
Most dog bites are avoidable, Post-Gazette.com, January 26, 2009

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In Portland, a 16-year-old boy is in critical condition after he was struck by two cars on Interstate 5 on Sunday. The teen pedestrian had just left the Rose Garden where he had been watching the Portland Trail Blazers play against the San Antonio Spurs.

The boy is being treated at Legacy Emanuel Hospital. Portland police are investigating the cause of the fatal Oregon pedestrian accident. They think he may have been trying to cross the freeway. One vehicle reportedly hit the boy before he was hit by another car.

Both motorists stopped at the Portland, Oregon traffic accident scene and spoke to local authorities. One woman who had also been watching the basketball game says the boy is not the only one that had been trying to cross Interstate 5.

Oregon Pedestrian Accidents
It is important that pedestrians, bicyclists, and motorists take steps to prevent pedestrian accidents from happening. Whenever there is a traffic accident involving a pedestrian, he or she is the one most prone to serious injuries.

The Web site PedestrianSafety.com talks about a list of scenarios on the road that can lead to Portland traffic accidents and resulting pedestrian injuries and deaths:

• A motor vehicle turns into a pedestrian’s path.
• A pedestrian runs onto the street.
• A pedestrian crosses the street in the middle of the road.
• A bus may be obstructing another motorist’s view, making it difficult to see that there is a pedestrian behind a large vehicle unless the driver or motorcyclist is paying close attention.

To prevent pedestrian accidents, a Safety and Consumer Protection Web site advises:
• Yield the right of way to pedestrians whether or not there is a walk signal or pedestrian lane if they have already started crossing the street.
• Do not overtake or try to pass a vehicle that is stopped at an intersection.

Teen Struck By Car After Leaving Rose Garden, Fox 12 Oregon, March 1, 2009
Rules and pointers for pedestrians and drivers, Safety & Consumer Protection
Pedestrian Safety

Related Web Resources:
Bicycle & Pedestrian Program, Oregon.gov
National Highway Traffic Safety Administration

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The Oregon Senate passed Senate Bill 311 this week to increase the liability lawsuit limits that a government agency can be made to pay plaintiffs. Whereas the old limits, set in 1987, placed a cap of $100,000 on noneconomic and economic damages, $50,000 for property damage, and $500,000 for all claims from one incident, the new bill proposes raising the state government’s liability lawsuit limit maximums to $1.5 million for one claim and $3 million for all claims stemming from a single incident. The distinctions between the damages would be eliminated, and the Oregon Supreme Court would deal with any challenges to the new limits.

Caps would increase $100,000 a over a five-year period. After 2015, amounts would be indexed according to inflation. All other governments in Oregon would have caps that are one-third of the state’s caps. Individual workers would also be covered against civil claims for accidents that occur while he or she is on the job. The bill now goes to the House.

In 2007, the family of young Jordan Michael Clarke sued Oregon Health & Science University and seven of its employees for medical malpractice after he suffered permanent brain damage following surgery to repair a congenital heart defect. Using the state’s liability shield, however, OHSU replaced the individual defendants named in the complaint with itself to limit liability at $200,000.

While the Oregon State Supreme Court ruled that OHSU was legally entitled to do this, it also found that the existing government caps were too low that they prevented the boy’s family from receiving an appropriate legal remedy for his injuries. A $9.3 million personal injury settlement was eventually reached between OHSU and Clarke’s family.

Senate approves increase in liability lawsuit limits, Statesman Journal, February 24, 2009
Oregon may welcome higher lawsuit caps, SeattlePI.com, February 12, 2009
Related Web Resources:
Oregon Health and Science University

General information about the Oregon Tort Claims Act, OHSU.edu

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In Multnomah County, the family of Ruth Reimann has filed an Oregon wrongful death lawsuit. Reimann, of Portland, was fatally injured on August 4, 2008 when a small plane crashed into the vacation home they were staying at in the coastal town of Gearhart. Her children – Chris, 13, Sarah, 11, and Julia, 10 – were injured in, but survived, the tragedy.

Early that morning, the Cessna 172 dove through the house and burst into flames. Following the airplane accident, Ruth spent weeks in Portland at the Oregon Burn Center at Legacy Emanuel Hospital & Health for treatment of their burn injuries before she died.

Also killed in the Oregon airplane accident were pilot Jason Ketcheson, passenger Frank Toohey, and siblings 12-year-old Hesam Farrar Masoudi and 8-year-old Grace Masoudi. The children were at the home of the Reimanns when the deadly aviation accident happened.

The family of Jakobi Mulgrave, the 10-year-old boy who survived a Eugene drunk driving accident that killed his mother and three other people last month, is suing several plaintiffs on his behalf for personal injury. According to the Oregon car accident lawsuit, which is seeking approximately $13 million, Jakobi sustained a brain injury, a fractured skull, a fractured pelvis, as well as damage to his kidney, spleen, and liver. Mulgrave is being treated at a Portland hospital.

The catastrophic motor vehicle accident took place on the night of January 21 when an Isuzu Rodeo, driven by Matthew Ellmers and the Toyota Highlander carrying Jakobi, his mother Yvonne, Connie Marie Vermilyea, 34, Jaziah Vermilyea, 10, and Nima Gibba, 11, collided, causing the Highlander to turn in the air and hit a utility pole. Ellmers, who is the only other person to survive the crash, also sustained serious injuries. Police say the 24-year-old Eugene driver was driving drunk.

The Mulgrave family’s Oregon personal injury lawsuit involving injuries to minors contends that Jakobi should receive $10 million for noneconomic damages, $2.8 million for lost wages throughout his lifetime, medical expenses, and other costs.

A 62-year-old Portland man is suing the Franciscan Friars of California for injuries he says he sustained as a child when a priest sexually abused him. In his Oregon sex abuse lawsuit, he is seeking $4 million in damages. The plaintiff claims Father Claude Riffe sexually abused him during the 60’s at the St. Francis Minor Seminary in Troutdale.

Clergy Sex Abuse

Clergy sex abuse by a number of priests and other members of the Catholic Church has been a problem for a long time. Fortunately, there are legal remedies available to victims—whether they are still children who were recently abused or adults who were the victims of sexual abuse when they were children.

A wrongful death lawsuit has been filed in an incident involving an Oregon woman who went missing and was found dead close to Wynooche Lake a little over two years ago. Beverly Johnson disappeared on January 2, 2007. Her body was found 11 days later.

Now, Delbert Johnson, Beverly’s husband, and her estate are suing the Oregon city of Beaverton and the state of Washington for $3 million. Delbert is seeking $2.5 million for damages he claims he has suffered due to loss of mutual affection, love, and companionship. Beverly’s estate is asking for half a million dollars for the fear, anguish, thirst, hunger, and pain that she likely felt after she got lost. According to a medical examiner’s report, Beverly, who ended up getting locked out of her vehicle, died of hypothermia.

On the afternoon of the 69-year-old’s disappearance, Delbert reported that she failed to return home from a visit to the Beaverton Library. He says that the defendants allowed his wife to die because of the way they handled the search for her.

50 SW Pine St 3rd Floor Portland, OR 97204 Telephone: (503) 226-3844 Fax: (503) 943-6670 Email: matthew@mdkaplanlaw.com
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