Personal Injury - Battery and Negligence
Recently in Washington County, attorney
Sam Ruckwardt defended a teenage boy who, when racing to retrieve an Air-Soft gun, collided with the plaintiff, also a teenage boy, striking him in the mouth. Injuries included tooth disruption requiring an immediate root canal and future dental treatments. Claims by the plaintiff teenage boy and his parents included battery, gross negligence and negligence. Damages sought included future dental expenses and non-economic damages totaling $5,500 and attorney fees under ORS 20.080. During trial, Sam Ruckwardt argued that in deciding negligence, the jury must use a standard of a reasonable thirteen year old male given defendant’s age. Testimony in this case included testimony of the involved teenage boys, a third teenage boy who witnessed the incident and the plaintiff’s father. After the two day trial, the jury returned a defense verdict.