“The knowledge possessed by the partners, 100+ years of experience, speaks for itself.”

Rick Lundblade


 


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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