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Schauermann Thayer > Case Results

Selected Case Results

  • Motorcycle Crash/Wrongful Death

    Represented the estate of a motorcycle rider who died after being struck in quick succession by two vehicles on an Oregon freeway.  Both drivers claimed sudden/unavoidable sun glare blinded them and many witnesses supported that contention. Obtained half a million dollars in settlements from the drivers’ insurers (maxing out all available policy limits) and convinced the motorcyclist’s underinsured motorist (UIM) carrier to pay two separate policy limits based on two separate impacts.

  • Firearm Wrongful Death

    Represented the estate of a Washington man who was shot to death by a neighbor. We filed suit against the shooter.  In most instances insurance policies don’t cover harm that is purposely caused by someone who shoots another person. So, in this case, we had to carefully consider the way we sued on behalf of our client to maximize the chances of a meaningful recovery. We were able to settle the claim for the policy limits of several hundred thousand dollars, before the criminal prosecution might have established facts that would have indicated intent and eliminated potentially applicable insurance coverage.  Note: The civil claim had no impact on the criminal prosecution, leaving open the path for appropriate justice to be achieved in the criminal case.

  • Firework Injury to Child

    Represented a child who was seriously injured by debris propelled by a fireworks explosion. We filed suit against the U.S. Distributor of the firework and the individual who had constructed the launching platform. We were able to settle the claim for the policy limits of the individual’s homeowners insurance (several hundred thousand dollars), with contribution from the distributor as well.

  • Motorcycle Crash/Wrongful Death

    Represented the estate of a motorcycle rider who died in a crash after a federal government vehicle spilled its load on the roadway.  Obtained nearly half a million dollars in settlement. Note: The rider’s estate had minimal economic losses and Oregon law caps non-economic damages in wrongful death claims at $500,000.

    Construction Site Fall

    Represented an employee of a general contractor who fell through the roof of an industrial building during an asbestos remediation project and who sustained significant injuries. We filed suit against the project’s owner alleging multiple theories of liability.  We were able to resolve the case for nearly $900,000 after extensive discovery and trial preparation.

  • Construction Site Incident

    Represented a temp agency worker who had been assigned to a factory posting. Factory employees had improperly rigged a large roll of material which fell from a crane, causing the worker serious leg injuries. We filed suit against the factory’s owner alleging multiple theories of liability.  We were able to resolve the case for $1.6 million with trial approaching and after extensive discovery and trial preparation.

  • School Negligence

    Represented young girl injured as a result of a local school district’s negligence. Settlement of $575,000 – over 50 times the offer originally made by the school district before we had to file a lawsuit. Learning the client’s story and the harms and damages caused to her by this easily preventable incident was the key to a final result that was very favorable to our client and will allow her the care and assistance she will need for the rest of her life.

  • Broken Pinky Finger

    $200,000 arbitration award against an insurance company which refused to reasonably pay the injury claim of its own insured. Arbitrated the matter to a panel of three attorneys who awarded nearly ten times the amount offered by the insurance company before the hearing.

  • Sexual Assault

    Represented two young women for the numerous sexual assaults committed upon them by their mother’s ex-boyfriend. Because such horrible behavior is not usually covered by insurance, many attorneys refused to take their case. As a result of the settlement, the abuser will make monthly payments for over ten years providing some balance of justice to behavior that normally is not punished other than through the criminal justice system.

  • Negligent Auto Repair

    $650,000 settlement against the mechanic that negligently changed client’s tire causing it to fall off on I-5 causing injury to client.

  • Dog Bite

    $250,000 full-policy settlement for dog bite suffered by a 6 year old boy while at a local establishment and causing serious trauma to the boy’s face.

  • Insurance Bad Faith

    $125,000 settlement against an insurance company which refused to fairly evaluate client’s claim. This was five times the amount of the policy limits available to satisfy her claim.

  • Trucking Collision

    Represented owner/operator of trucking company. He was hit on the freeway, causing his tractor-trailer to roll and totaling the equipment. He had minor physical injuries. After very involved negotiation and navigating insurance coverage disputes, we collected the full policy limits available of $280,000.

  • Hit-and-Run/Bad Faith Insurance Dispute

    Represented victim of a hit-and-run collision who had her children in the car with her. Her uninsured motorist insurance carrier refused to pay the fair value of their claims. We filed a complaint with the Washington Office of the Insurance Commissioner and, after mediation, settled the case in excess of the available insurance policy limit.

  • Motor Vehicle Collision – Arbitration

    Represented a man T-Boned at an intersection. The other driver claimed right-of-way and her insurance company effectively denied liability.  We investigated, found a witness, and filed a lawsuit. Successfully litigated at arbitration where we ultimately recovered 10X the insurance company’s offer, including the payment of our client’s attorney fees and costs.

  • Motor Vehicle Collision

    Represented a client who had significant pre-existing degenerative low back problems. His condition was aggravated following a motor vehicle collision.  He underwent surgery and we convinced the insurance company it was related to the collision. Settled the case for $300,000.

  • Motorcycle Crash

    Represented person who suffered life-altering injuries while riding a motorcycle. Recovered full extent of insurance policy limit available – $1 million.

  • Trip & Fall

    Hotel denied liability and declined to make any offer to injured person. Litigated against the hotel and recovered $100,000 for the injured person.

  • Pedestrian Injury

    Represented pedestrian injured in crosswalk who suffered multiple fractures but recovered well. Recovered $350,000 in settlement.

  • Motor Vehicle Collision

    Both drivers insisted they had the green light. Insurance company for other driver denied liability and declined to make any offer to injured person. Litigated and received in excess of other driver’s liability insurance policy limit.

  • Traumatic Brain Injuries

    $2,050,000 recovered from third party liability, excess insurance, and UIM policy limits settlements after extensive litigation in Washington State court on case involving brain injuries from an automobile collision in the state of Washington.

  • Motor Vehicle Collision – Oregon

    $1,600,000 combined third party liability, excess insurance, and underinsured motorist (UIM) policy limits settlement after extensive litigation in Oregon court in case involving ankle fracture from head-on collision.

  • Commercial Truck Operator Negligence

    $750,000 settlement of personal injuries claim from severe trauma arising from disputed liability Nevada commercial truck crash, litigated in Washington State court.

  • Bar/Restaurant/Premises Liability Negligence

    Jury verdict of $140,000 against a restaurant/tavern for navicular fractures to thumb bones in both hands. Injured person tried to defend himself and others against an assault by other patrons of a bar. The jury found the bar’s bouncer – who witnessed the entire altercation from inside the premises, locked out the victims when they sought help, and did not promptly call 911 – negligent.

  • Insurance Coverage/Insurance Fair Conduct Act Claims

    $585,000 settlement of disputed coverage underinsured motorist (UIM) claim (after collecting $1,295,000 additional recovery from other various third party, PIP, or UIM coverages). Wrongful death of client who stopped to assist at scene of multiple-vehicle collision on freeway. When our firm got involved there was only one insurer offering a single $250,000 policy limit (and the health insurer was seeking to take that entire amount as reimbursement for medical bills it paid). After sorting out all possible insurance coverages available, and extensively litigating a coverage declarations action in Washington State court, a total recovery was made in the amount of $1,880,000 (and the health insurer’s reimbursement claim was negotiated to half).

  • Pedestrian Injuries

    $38,500,000 in total damages found at arbitration, reduced by 90-percent comparative fault of injured person (driver was only determined to be 10-percent at-fault).  This resulted in a $3,850,000 net award (of which $1,500,000 in liability policy limits was collectible, and ultimately paid). Involved a minor pedestrian who suffered quadriplegia and “locked in” syndrome as a result of being hit by an automobile on a county highway.

  • Unsafe Roadway Design

    $2,085,000 recovered for traumatic brain injury and multiple orthopedic fractures suffered by pedestrian in settlement involving the State of Washington.  The health insurance carrier’s reimbursement claim was negotiated down from $450,000 to $50,000 as the settlements were finalized.

  • Worksite Injury Jury Verdicts

    $7,602,179 in jury verdicts from trial of a Federal Court case, Eastern District of Washington, Spokane, after a 55-day jury trial litigating the cause and extent of injury from toxic chemical exposure to multiple workers charged with cleaning up a worksite. The jury’s verdict was later modified by post-trial rulings and further on appeal to 9th Circuit of the United States Court of Appeals.

  • Premises Liability/Construction Site Fall Jury Verdict

    $106,379 awarded in Washington State court, then reduced by 10-percent contributory negligence assigned to the injured person, arising from a fall on a construction site causing injury.