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The
knowledge possessed by the partners, 100+ years of experience,
speaks for itself.
Rick
Lundblade
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This
page is under construction. We have many more case studies
on file that will be added soon
We
represented a Grants Pass resident who was awakened one morning
with his rental house in flames as a result of a gas explosion.
He managed to escape the house, but was badly burned. The landlord's
insurance company wrote a letter saying the landlord had no
responsibility and they would make no payment. Through knowledge
of the Oregon Residential Landlord Tenant Act and by presenting
the damages our client suffered in a convincing manner, we were
able to achieve a
$1.1 million settlement for our client.
Review some of the correspondence
relating to this case.
A
young real estate agent in Klamath Falls tried to handle her
claim herself for over a year. She had received soft tissue
injuries to her low back in an auto accident, which was not
her fault. The insurance company for the driver who caused the
accident made an offer that did not even cover her medical bills.
We were hired and and obtained a policy limits settlement of
$25,000. She had Underinsured Motorist Coverage from her own
insurance company for an additional $75,000. They refused to
pay any of this coverage amount to her. We took this case to
trial and obtained a jury verdict for the full amount of her
coverage plus attorneys' fees. Review
the Money Judgment
Review some of the correspondence
relating to this case.
A
Medford resident was working in Eureka, California, when she
was involved in an auto accident with a commercial vehicle.
We sued in San Mateo County, California, where the trucking
company was headquartered. Before trial, at a court ordered
mediation, the trucking company denied the accident was its
fault and offered $100,000 as a compromise settlement. We took
the case to trial in South San Francisco and received an award
of $186,000.
Our
client was injured on the job. Review some of the correspondence
which led to our client receiving a $500,000
settlement.
We
were hired by the wife of a Dutch citizen hospitalized in critical
condition after having been backed over by a two-ton truck while
visiting relatives in Grants Pass. Although he had retired from
his job as an engineer, our client was a vital senior citizen
who was active, self-sufficient and enjoying his retirement.
This accident left him short of breath due to chest injuries
and with a useless left arm. The insurance company for the towing
company denied all liability. We tried the case in Federal Court
and recovered $886,702.86
for our client.
Review some of the correspondence
relating to this case.
When
a young teenager was blinded in his right eye while playing
with ammunition primer caps at a friend's home, his parents
retained us to represent him against the homeowner for negligent
supervision. The Insurance company for the homeowner denied
all liability. Discovery of the facts revealed that the homeowner
had furnished alcohol to the minors involved and had allowed
them to play with these dangerous materials. We settled the
case for policy
limits.
Review some of the correspondence
relating to this case.
District
Court Opinions
Chronic Fatigue Syndrome
District Court reversal and award of benefits in a chronic
fatigue syndrome case finding that the ALJ did not properly
analyze the case in light of SSR 99-2p. The ALJ's personal
skepticism about CFS and the substitution of his own medical
opinions influenced the analysis of the case. Because the
plaintiff produced objective evidence of CFS, the ALJ erred
by failing to provide clear and convincing reasons for rejecting
her testimony regarding severity . The ALJ also erred in rejecting
lay testimony as being "colored by sympathy." The
mere fact that a lay witness is a family member cannot be
grounds for rejecting his or her testimony. The hypothetical
to the VE was flawed because it did not reflect the plaintiff's
impairment of CFS and did not fully address the severity of
the plaintiff's limitations. Wilson v. Apfel, Civil No. 00-300-JE
(D.Ore. Sept. 12, 2000)
Arthur Stevens, III., Esq. Medford, OR
Nurse Practitioner
District Court decision with several finds, including a holding
that a nurse practitioner working in conjunction with a physician
is an acceptable medical source, because she acts as his agent
and is entitled to the same considerations as a treating source.
The ALJ should have provided the same specific and legitimate
reasons for rejecting the nurse practitioner's opinion that
he would have provided to reject the opinion of a treating
physician. The court also found that the ALJ improperly analyzed
the plaintiff's complaints of pain and remands for further
development regarding the impact of the plaintiff's pain and
mental condition on her ability to work. Pryor v. Apfel, Civil
No. 99-3015-HO (D Or. Jan. 19, 2000)
Arthur Stevens, III., Esq. Medford, OR
Back Impairments
1125. District Court decision reversing the denial of benefits.
The ALJ failed to offer clear and convincing reasons for rejecting
the plaintiff's testimony regarding back pain, including the
need to lie down. As a result, the Court found that the plaintiff's
testimony must be credited as true. Because the VE testified
that a need to lie down would make a person unemployable,
the court reversed the denial and awarded benefits. Haines
v. Apfel Civil No., 98-1320 ST (D Or. Aug. 5, 2999); 1999
U.S. Dist. LEXIS 13940
Arthur Stevens, III., Esq. Medford, OR
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