Expanded Case Information

Every case is unique. Please use the following as an example of the range of cases we handle, and the results achieved. Any result achieved on behalf of one client in one matter does not necessarily indicate that similar results can be obtained for other clients.

We think the best way to evaluate success at trial is whether the verdict is greater than the settlement offer.

MATHEWS v. FEDERATED SERVICE INSURANCE COMPANY 94 Or.Lit.Arb.Rpts. 97, ... MATHEWS v. FEDERATED SERVICE INSURANCE COMPANY *1728 TITLE: ... MATHEWS v. FEDERATED SERVICE INSURANCE COMPANY
Docket Number:	--
Source:	Oregon Circuit Court
State:	Multnomah County, Oregon
Topic:	Declaratory Judgement
Injuries:	Fractured arm, back, ribs, and leg; head, spleeing, and gallbladder injuries; hernia
Specials:	Med. $114,000; Lost Wages $67,000 past, $365,000 future; Days Work Lost-2 years; Days in Hospital - 45 days.
Settlement:	$750,000. Plaintiff asked jury for $750,000. Offer: $25,000 ten days before trial; $25,000 plus $70,000 attorney's fees day before trial. Def. asked jury for defense verdict.
Result:	PLAINTIFF VERDICT for $750,000. (Jury was 12-0 on all three questions.) PLAINTIFF JUDGMENT for over $1.6 Million after award of attorneys fees and interest.
Range:	$500,000-999,999
Plaintiff Attorney:	Stephen C. Hendricks (Portland, OR); Zack M. Lorts (Oregon City, OR)
Plaintiff Experts:	Timothy Keenan MD (Orthopedist-by deposition) Portland Thomas R. Fries (Accident Reconstruction); Russell L. Dawson Ph.D. (Economist) both Portland; Hank Lageman M.S. CVE (Vocational Rehabilitation) Beaverton
Defendant Attorney:	Ronald E. Bailey of Bullivant, Houser, Bailey, Pendergrass & Hoffman (Portland, OR)
Trial Judge:	Honorable Kimberly C. Frankel
Mediator:	--
Text:	November 17, 1988 - Plaintiff, male, age 45, Washington County Sheriff. Declaratory judgment action for coverage regarding an auto/pedestrian collision. Plaintiff contended he was an officer on the street investigating a two-car accident, standing in front of a tow truck with the overhead red light flashing, two to four feet into the road, when a 17-year-old female driver hit him at 35 m.p.h. Plaintiff sued the driver, and on the morning of trial in June 1990, she stipulated to a $750,000 judgment with expanded personal exemptions and assigned Plaintiff her rights to coverage from the car owner's insurance, if any. The car was owned by a car dealership which had sold a Corvette to the driver's boyfriend and two Corvettes to the boyfriend's father. The boyfriend stated he went to get the car specifically for the girlfriend while he was out of town on business; the car dealership contended it specifically denied her permission. Plaintiff contended the boyfriend signed a document entitled "Car Rental Agreement" which he did not read before signing and agreed to pay a rate of $350/month ($11.66/day) for a two-year-old Camaro. The auto dealer garage policy required permission to establish coverage and also excluded coverage for leased or rented autos. Plaintiff contended the document was not integrated and therefore did not preclude coverage or establish rental, and that this was more of an accommodation or loaner than a rental so the car should be covered. Defendant insurance company contended there was lack of permission, that the car was clearly a rental and also that the $750,000 stipulated judgment was unreasonable considering the merits of the underlying lawsuit.
End:	Oregon Litigation and Arbitration Reports, April, 1994
Update:	Mathews v. Federated Service Insurance, April 1994, page 97. Plaintiff attorney Stephen C. Hendricks reports that the day after the Court denied Def.'s motions for JNOV, Def. disclosed a $1,000,000 excess policy not revealed for the previous 3 1/2 years. The Court amended the original judgment from $500,000 to $963,780.83. Plff requested attorney fees of 50%, arguing that the case was taken on a contingency; it had been both appealed and tried and considering all the time and complexity, approximately $500,000 was a reasonable fee. Def. argued for a fee of approximately $100,000. The Court awarded $385,512 (40%); Def. appealed. The Judge awarded $1,361,775 which included costs, attorney fees and interest. A discounted settlement involved cash plus a structured settlement of approximately $1,050,000 agreed to in late July 1994.

“Securing fair
compensation for
catastrophic injuries
or death is what we
do for you, using 35
years of experience
fighting insurance
companies.”

-Stephen C. Hendricks
Attorney At Law