State, County: Oregon, Clark County
Claims Alleged: Landlord/Tenant
Injuries Alleged: Wrongful Eviction Based on Disability
Smith Freed Eberhard obtained favorable outcome for its client in a case that could have ended in a payment many times larger than the settlement amount.
Smith Freed Eberhard was asked to defend an insurance company and their insured who was the owner of a duplex in Clark County. One of the tenants in the duplex filed a suit against the owner/landlord as well as the property manager alleging that she was evicted because of her disability. The client denied any wrong doing and stated that the tenant was actually evicted because of a disagreement she had with a tenant on the other side of the duplex.
The defense undertook an in-depth investigation into the background of the plaintiff. The investigation revealed that the plaintiff had an extensive history of filing lawsuits. Based on that fact, Smith Freed Eberhard developed a litigation plan to offer a quick settlement before spending money on a second defense counsel for the property manager, discovery and initial case work. They offered a sum to the plaintiff and gave her four days to accept.
Ultimately, the plaintiff accepted the offer and the client was extremely pleased. Because of Smith Freed Eberhard’s characteristic dedication and quick thinking, a case that could have accrued at least four times the amount offered to the plaintiff turned out to be a quick win for the insurance company.
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