Janssen Malloy LLP last week resolved another Oregon personal injury matter for the defendant’s $100,000 policy limits, and has submitted a policy limits demand to our client’s own insurer under his underinsured motorist (“UIM”) for the additional $50,000 in coverage. Oregon law provides for the “stacking” of one’s own UIM benefits, on top of the coverage available under the defendant driver’s policy (unlike the California Insurance Code, which does not permit such “stacking”). Our client was walking across Highway 101 in Brookings, Oregon in a marked crosswalk with the walk signal activated, when the defendant turned his truck left into the intersection without looking to see the pedestrian halfway across the crosswalk. The impact knocked our client to the ground, causing fractures to his wrist and a tibial plateau fracture to his knee. The wrist fracture injury required surgical intervention, and the tibial plateau fracture has left our client with limited functional mobility for walking.
This is the second personal injury matter out of Brookings, Oregon that Janssen Malloy LLP has resolved for the applicable policy limits in the last six months. The prior case did not resolve for the UIM policy limits until we filed a bad faith insurance lawsuit against the UIM insurer, since they had refused to pay the “stacked” UIM limits for which our clients had a paid the premium. Both cases illustrate the need for injured people to be represented by experienced and seasoned trial counsel, who can navigate the obstacles of UIM coverages in different states. Janssen Malloy LLP partner Megan Yarnall is licensed to practice in both California and Oregon, and represents clients throughout northern California and southern Oregon. Ms. Yarnall and Janssen Malloy LLP partner Michael Crowley have together handled numerous cases in Oregon, in both state and federal court. The attorneys at Janssen Malloy LLP stand ready to assist clients when the need arises.