SUCCESS STORY

Rejected: A Desperate Attempt to Recover Expenses

Claims Alleged: Personal Injury/Automobile Collision

Amount Claimed: $70,000-$250,000

The Background

In a case that started out as a relatively straightforward personal injury claim between two motorists, Smith Freed Eberhard secured a victory on a motion for summary judgement.

The Case

When Smith Freed Eberhard was first assigned the case, we were able to negotiate a settlement and release with the would-be plaintiff for a little over $70,000 (the nature of the injuries could have easily led to a jury verdict of more than $250,000). After the settlement was executed, the would-be plaintiff’s insurer attempted to recoup their PIP expenses by filing a petition for arbitration under ORS 742.061 against the defendant’s insurer in Multnomah County Circuit Court.

The Outcome

Ultimately, the court was persuaded and granted Smith Freed Eberhard’s motion for summary judgement on grounds that the plaintiff had released all claims against the defendant forever, and that the instant lawsuit was time barred. The firm’s efforts saved the defendant’s carrier nearly $55,000 in PIP costs, avoided what would have been a costly trial, and came out with a win for our carrier and their insured.

Read More
Success Story Negligence Personal Lines Tenant Landlord Court Strikes Opposing Party’s Counterclaims Due to Failure to Comply With Discovery Orders Wednesday October 13, 2021 By: Narmina Sharifova
Success Story Automotive Defense General Litigation ORS 20.080 Attorney Fee Personal Lines Taking a Case to Trial During COVID-19 Wednesday September 22, 2021 By: Gordon Klug
Success Story Property Loss Tenant Landlord 4th and 10… An Improbable Comeback Win at the Washington Court of Appeals Tuesday December 1, 2020 By: Firm Authorship
Success Story General Litigation ORS 20.080 Attorney Fee Personal Lines When to Fight Back with a Counterclaim Thursday November 19, 2020 By: Jeff Eberhard
Success Story Automotive Defense General Litigation Motorist Minor Impact Personal Lines The Strategy in Jury Selection: Using Voir Dire to the Defendant’s Advantage Tuesday August 11, 2020 By: Jessica Kamish
Success Story Commercial Liability Defense Securing Victory Under Securities Laws Friday December 20, 2019 By: Firm Authorship
Success Story Automotive Defense Personal Lines Research Pays Off (to the Tune of $2.2 Million) Friday December 20, 2019 By: Firm Authorship
Success Story General Litigation Drawing the (Property) Line Friday December 20, 2019 By: Firm Authorship
Success Story General Litigation Multi-National Retailer’s Discrimination Mitigated Friday December 20, 2019 By: Firm Authorship
Success Story Commercial Liability Defense Allegations of Misappropriation of Trade Secrets and Employment Law Violations? Denied. Friday December 20, 2019 By: Firm Authorship
Success Story Commercial Liability Defense General Contractors Jobsite Injury An $18,000,000 Dismissal Friday December 20, 2019 By: Firm Authorship
Success Story Automotive Defense General Litigation Personal Lines The Early Bird Gets the Case Dismissed Friday December 20, 2019 By: Josh Hayward
Safe Harbor Letter Success Story Automotive Defense Personal Lines Preparation Always Pays off: Especially at Trial Friday December 20, 2019 By: Firm Authorship
Success Story Automotive Defense General Litigation Personal Lines The Case of the Mysterious Torn Medial Meniscus Friday December 20, 2019 By: Firm Authorship
Success Story Automotive Defense Personal Lines Hit and Run Dismissed Friday December 20, 2019 By: Firm Authorship
Success Story Automotive Defense Personal Lines Admitting Liability and Saving Costs Friday December 20, 2019 By: Firm Authorship
Let’s talk

Tell us about your legal challenge.
Then we’ll tell you how we can help.