G.W. was at a social gathering in the lounge of a Jubitz Truck Stop when he sat on a stool which collapsed beneath him. He required major surgery for a torn rotator cuff in his shoulder. The defense pointed out that Mr. W is a large man, tall and weighing 280 pounds. We responded at trial by noting that “this place is a truck stop, where half the guys who come in the doors go through sideways.” The jury awarded $137,600.
The case went to the Oregon Supreme Court on the question of whether Mr. W was entitled to the full value of his medical expenses, or whether the defendant could deduct the discount amount that his insurance company obtained. The Supreme Court agreed that he had bargained and paid for health insurance to secure just such a discount, and that the defendant should not benefit from that. This was a vitally important precedent for those who may be wrongfully injured in the future.