Roads are Safer than Hospitals According to Johns Hopkins

For years we have been told that roads are dangerous and one of the leading causes of death in the United States.  A new study by Johns Hopkins just confirmed that Hospitals are more dangerous than car accidents.  The study analyzed statistics regarding the causes of death and determined that "medical errors" are the THIRD leading cause of death in America. 

"Patient Safety" appears to be entering the main-stream.  The Washington Post article highlights how these issues are just now coming to light.   For years people were told and believed that Doctors rarely make mistakes, and when they do Doctors often receive a "pass" because of all of the people they help.   Hospital Administrators and Insurance Companies appear to be losing ground on the public relations front, and people are waking up. 

The article mentions many of the complexities that must be resolved before we discover how large this problem truly is.  One of those issues are secret "medical review boards." Here in Oregon, many hospitals have medical review boards that analyze medical mistakes.  However, those review boards and there findings are secret.  This makes it difficult to track the number of mistakes and learn who is making them and how often.   This process in Oregon needs to be changed to allow more transparency, so patients can make informed treatment decisions. 

If you have been harmed by a "medical error" or medical malpractice please call Jeremiah Ross at 503.224.1658.  

Ross Law Obtains $50,000.00 Policy Limits Settlement for "Soft Tissue Injury"

Many insurance companies refuse to pay full value on cases involving soft-tissue or whiplash type injuries.  Insurance companies are skeptical of people claiming soft-tissue injuries, so they minimize the value.   However, soft tissue injuries can have an enormous impact on an injured person's life.   The constant pain can become overwhelming and interfere with every aspect of a person's life.

I recently represented a client that was involved in a Portland Oregon car crash.  The crash caused soft tissue injuries ("whiplash") to his neck.   The client had pre-existing neck injuries, so that complicated the case.   The insurance company stone-walled and would not tender the $50,000.00 policy limits.   The adjuster asserted it was a "soft tissue" case, and discounted it on that basis. 

I filed the case and and initiated discovery.  In return, the defense sent my client to a Defense Medical Exam (aka IME).  The Defense Medical Examiner gave his standard spiel relating to pre-existing condition and gave the insurance company the opinion they had paid for.   

Despite these challenges, I continued to push the case forward and insist on the policy limits settlement.  Eventually, the insurance company capitulated to our demands and tendered the policy limits.   

Soft tissue cases can have an enormous impact on a person's life.  These injuries should be compensated like any other injury, and can have significant value.   If you have been injured in a crash and have suffered soft tissue injuries, please call Jeremiah Ross at 503.224.1658.  The Personal Injury consultation is free, and there is not any obligation to you. Please remember that all cases are unique and results may vary.  Your case may not have the same value. 

School Assaults-Avoidable Tragedies

School-yard fights are nothing new.  There have probably been fights at school since the first school opened.   However, it appears the fights are getting more serious.  Teenagers are displaying a new level of brutality to others.   What was once a school yard fight between two kids has become a scenario where numerous kids are jumping one kid, or the kids are fighting with weapons.   These attacks can have tragic results. 

I recently read an article about the young girl that was brutally beaten to death in a high-school bathroom.    Witnesses note that the fight initially started out between the deceased victim and another girl.  Then other girls joined the fight to attack the victim.  Within minutes the deceased victim was beaten to death in a high-school bathroom.  

The question becomes what do we do to prevent these incidents.   I recently settled a case against an Oregon educational institution where a young woman was attacked by a young man.   While investigating that case it became apparent that young people are not going to be safe at school.  Security Officers are only as good as the people that train them, and the budget won't permit hiring more security. Teachers rely on security and law-enforcement to address any violent actions, and may not want to deal with the problem children.  Despite having security and law enforcement on many campuses the brutal attacks persist.   Many of these on-campus attacks could have been prevented or stopped before things became serious if people were simply doing their jobs.

If you, or someone you know, has been attacked at school you should call a lawyer to hold all people accountable.  Many times the lapses in security will not be addressed until the schools are forced to due to media pressure or pressure from a lawsuit.   Jeremiah Ross at Ross Law LLC is happy to discuss whether or not you may have a civil case against the responsible parties.  Please call 503.224.1658 to chat with Jeremiah.    

PLEASE NOTE THAT THIS BLOG IS AN ATTORNEY ADVERTISEMENT.  Your case maybe unique so please contact a lawyer and do not rely solely on the contents of this blog. 

Cyclists Must Be Careful in Tom McCall Park and the East Esplanade-Pedestrians can Get Hit

The eighty degree days have released a flood of bike commuters onto Portland's streets.   As a bike commuter myself, I have started to regularly bike commute with my toddler in a bike trailer.  My little guy and I do our best to stay on low traffic bike friendly streets.  However, once we are in downtown things can change depending on where we go.  

The bike path along Tom McCall park is our primary thoroughfare.  This long scenic pathway is a great place to duck away from vehicles.  However, it has its own unique dangers.   First, it is crowded by walkers, joggers, runners and kids.   These folks are enjoying a walk along the river and are often unaware of bikers passing by.   This problem gets compounded when cyclist are crossing the narrow sidewalk on the Hawthorne Bridge or the Steel Bridge and on certain areas of the East Bank Esplanade.    

“Tips For Riding on Tom McCall Park and The East Esplanade
1) Slow Down
2) Give an audible warning when passing pedestrians from behind
3) Give pedestrians lots of room when passing
4) Look both ways when merging onto the path
5) Remember there is a bike lane on Naito Parkway if the pathway is too congested”

To avoid a collision or near miss with a pedestrian cyclist should provide an audible signal when approaching people from behind.  I have personally witnessed a cyclist run into a pedestrian.  That incident could have been avoided if the cyclist simply would have provided an audible signal to warn the person.  This is not only a good idea, but it is also the law.  In this area of Portland  ORS 814.410 applies.  That law states:

(1) A person commits the offense of unsafe operation of a bicycle on a sidewalk if the person does any of the following: (b) Operates a bicycle upon a sidewalk and does not give an audible warning before overtaking and passing a pedestrian and does not yield the right of way to all pedestrians on the sidewalk.

However, many joggers have headphones in, so an audible warning may not be beneficial.  That is why you need to slow down.  Us Cyclist need to remember that we need to slow down when the area gets congested with pedestrians.  I often see folks on road-bikes darting in and out of pedestrians at a high rate of speed.  At those speeds it is impossible to avoid a collision if a small child runs in front of the cyclist.   This type of behavior could also be considered a violation of ORS 814.410(c) which prohibits riding carelessly. 

Cyclist should also give pedestrians a lot of room while passing them.  Many pedestrians are tourist that are unfamiliar with the cyclist and the speed they travel at.  I have seen pedestrians and children dart in front of cyclist.   Giving yourself a cushion to react in case someone darts in front of you is a must.  

Lastly, Cyclist should look both ways before merging onto the main path that parallels the river.  I have seen cyclist  turn onto the path without accounting for cyclist approaching from behind them.  Pulling out in front of another cyclist can cause a collision. 

If you have been hit by a cyclist you should get the cyclist information and witness information.  The easiest thing to do is to take a photo of their ID on your smart-phone.  Insurance may provide coverage for the incident, but you must get the name of the cyclist that hit you in order to do so.  Cyclist v. Pedestrian collisions can cause severe injuries.  Broken bones and severe strains and sprains can be common.  If you have been injured by a cyclist call Ross Law LLC at 503.224.1658.  Jeremiah Ross is happy to discuss your case with you and provide you a free personal injury case evaluation. 

Please remember the law is constantly changing and to consult with an attorney if you have any legal issue or question.   

Jeremiah Ross Prevails in lawsuit against Portland RV Wholesale

I recently prevailed in a Lawsuit against another vehicle dealer on Portland's 82nd Ave.  On behalf of Ross Law, I represented a couple that purchased a motor-home from Portland RV Wholesale.   During the purchase the couple had questions about the motor-home and whether or not it would be inspected.  Portland RV wholesale's sales person informed the couple the motor home had been thoroughly inspected by Portland RV Wholesale.  

The couple later discovered the motor-home's  rear end and rear brakes were malfunctioning and needed to be replaced.  A mechanic noted it was obvious the rear end and brakes had been submerged in water for a period of time.  However, the couple never had submerged the vehicle in water, so the vehicle would have had to have been submerged in water prior to the sale.  If Portland RV would have inspected the vehicle they should have known that the vehicle was submerged and had defective rear brakes and a defective rear end.  

I relied on the Oregon Administrative Rules that apply to car dealers to show Portland RV Wholesale had engaged in unlawful trade practices.  The case was heard in court annexed arbitration.   The Arbitrator awarded also awarded my clients costs and their attorney fees under ORS 646.638.  However, this may be the beginning of a future battle. Portland RV Wholesale may request a trial de novo, and force my clients to put on the case again in front of a Jury.  Only time will tell what Portland RV Wholesale chooses to do. 

If you have been injured or ripped off, or a crime victim in Oregon please call Portland Attorney Jeremiah Ross at 503.224.1658.  Please remember that all outcomes vary and Jeremiah Ross does not guarantee you can prevail in your lawsuit.  Also, please note that this post is about a Court Arbitration, and Portland RV Wholesale has the right to appeal the matter and request a Jury Trial.   The outcome may be different at a Jury Trial.   

Ross Law LLC Prevails In another Arbitration Against Stop and Go Auto

Last month I posted about prevailing in  my recent case against Stop and Go Auto (AKA G&G Auto Enterprises LLC) in an arbitration matter.  Jeremiah Ross represented three other clients in a matter against Stop and Go Auto.   The Arbitrator awarded two of the clients damages totaling almost $45,000.00.  

The case was a complex transaction where three relatives attempted to purchase three vehicles from Stop and Go.   In doing so, one of the consumers provided property to trade in for her vehicle.    Ross Law was able to prove Stop and Go Auto unlawfully rolled the Negative Equity into the price of the new car.   Ross Law also proved Stop and Go used an illusory cash down payment that did not exist and noted it on the Retail Installment Contract.  Ross Law also proved Stop and Go failed to list the value given for four wheeler on the Retail Installment Contract   These were all violations of the Truth In Lending Act.  Ross Law also proved Stop and Go violated Oregon's Unlawful Trade Practices Act (UTPA) by not properly accounting for all of the property that was traded in, rolling in the negative equity to the purchase price, falsely advertising the price of the vehicle, and failing to give the consumer her key's back when asked. 

The second Consumer's case involved an unlawful Yo-Yo Sale.   After the three consumers left the lot with their vehicle, one consumer was called back in a couple of days later and told he got a better financing deal.  Unbeknownst to him the loan term was extended and the financing rate was increased.   This scheme allowed Stop and Go to lower the monthly payment while charging a substantial amount more to finance the vehicle.  Stop and Go also did not account for the property that was traded in to purchase this vehicle.    These were violations of the Truth In Lending Act and/or the UTPA. 

This case was also unique in the fact the consumers had attempted to settle their case with the dealer before I was involved.  They signed a release and waiver of all of their rights.  Basically they singed a piece of paper saying they would not sue the dealer.    I used the law to defeat the defense's claim that the consumers already settled their case. 

This was a very complicated case that another Attorney had turned down.   There were good facts and bad facts for both of the parties.  However, at the end of the day the arbitrator found in favor of my clients.   If you have any issues with an Oregon Used Car Dealer please call Jeremiah Ross at 503.224.1658.  Please note results may vary and there is no guarantee Ross Law LLC can prevail in your lawsuit.  

Visitors Fed Up With Localism Use The Law To Fight Back

Many people perceive surfers as being a mellow peaceful friendly group of people.   However, there is also an ugly side of the surfing community.  Many local surfers use violence, threats, intimidation, vandalism and even sexual abuse to drive off other surfers.   These "locals" fear there are not enough good waves for everyone, so they use these tactics to ensure their local waves do not become overcrowded.  As a surfer myself, I have witnessed localism all up and down the West Coast.

A recent LA Times article chronicles the what happens when localism goes unchecked.   The article focuses on the "Bay Boys" in Palos Verdes Estates, Ca.   The Bay Boys is a group of surfing men that come from wealthy backgrounds that have lived and surfed Lunada Bay for years.   They are known as being notoriously hostile to visitors and any surfer that is not known to them.   They constantly verbally abuse visitors, throw rocks at them, and use whatever means necessary to keep people from surfing Lunada Bay.  Law Enforcement is often of little help and does little if anything to hold the Bay Boys accountable for their actions.

People finally got sick of the Bay Boys' antics and have filed a Class Action Lawsuit against them in an attempt to restore law and order to Lunada Bay.   The lawsuit is seeking to prevent the Bay Boys from congregating at Lunada Bay and will force the police to investigate incidents at Lunada Bay.

If you are the victim of a crime and would like to know your rights and remedies against the wrongdoer, please call Portland Oregon Attorney Jeremiah Ross.  Please call Ross Law LLC at 503.224.1658.  Also, please remember this post is for informational purposes only.   If you have any questions related to the law or the issues in this post please call a lawyer.  

ROSS LAW PREVAILS AGAINST STOP AND GO AUTO

Ross Law prevailed against Stop and Go Auto in private arbitration. The case involved the sale of a truck to a young man. Stop and Go falsely advertised the truck as having a tow package, when in fact it did not.

Arbitrator’s Decision

Stop and Go also subjected the consumer to a classic “Yo-Yo” scam.   Stop and Go informed the consumer that the truck purchase was final.  A few days later Stop and Go called the consumer back requesting that he return to Stop and Go to sign financing documents.  When the consumer returned to sign the documents, Stop and Go used deceptive tactics to increase the purchase price of the vehicle by $1500.00.

Jeremiah Ross was able to prove Stop and Go Auto violated the Unlawful Trade Practices Act (ORS 646.608) and The Truth In Lending Act (15 U.S.C. 1638et seq.)   As a result, Jeremiah Ross’ client was awarded over $8,000.00 in damages in addition to costs, and attorney  fees.

Attorneys involved:

Attorney Jeremiah Ross of Portland Oregon represented the Consumer in the matter.

Attorney Richard Franklin of Gresham Oregon defended Stop and Go (AKA G&G Enterprises), and Great American Insurance Company.