K&M 2016 Newsletter

Lawyers for The People

2016 Newsletter

LARGEST VERDICT LANDMARK AGAINST VICTORY PORTLAND POLICE Brain-Damaged Page 3 Mother, Child to Share JURY VINDICATES $9.3 Million BLACKLISTED Page 2 POLICEMAN Page 4 CHECK OUT OUR NEW WEBSITE KAFOURYMCDOUGAL.COM 2016 Newsletter

K&M: Landmark Settlement for Cayla Wilson Brain-Damaged Mother, Child to Share $9.3 Million

Left: Cayla Wilson in the year before the accident. Center: Cayla Wilson’s car at the scene. Right: Cayla and daughter, JaiKyla post-accident.

A bed-ridden young mother with an system 12 minutes after Officer Dick left the Hanna’s testimony contradicted Officer extensive brain injury and her daughter have “incoherent” Whiteaker in a neighbor’s bushes. Dick’s claim that she did not tow Whiteaker’s financial security because of a record $9.3 Wilson is now unable to speak, eats through a car because she had not seen him driving. million settlement from the City of Portland tube and needs 24-hour care. Two hours later, Officer Dick responded and Clackamas County. Her daughter, JaiKyla, was taken by to another call in a neighborhood where Cayla Wilson was 19 and five months C-section one month later, and diagnosed residents had complained about Whiteaker’s pregnant when Jack Dean Whiteaker, driving with cerebral palsy in connection with her running through people’s backyards, staring after injecting a near-lethal dose of meth, premature birth. in their windows. Officer Dick found crossed into Wilson’s lane and hit her car Whiteaker hiding in bushes and raving The parents’ lives have been consumed by taking head-on. incoherently. When he refused to come out, care of their daughter 24 hours a day. She needs At trial, Portland Police Officer Devonna Officer Dick simply drove away. to be rotated every two hours. She needs to be Dick admitted to responding to two 911 calls Upon leaving, Officer Dick texted bathed. She needs to be fed five times a day. about Whiteaker before noon on the day of dispatch: “Probably get more calls on And it’s a monumental effort. And it’s taken a the crash. But she did nothing, despite noting him today.” tremendous toll on them. that he was “either manic or high.” Three hours later, Whiteaker swerved his — Greg Kafoury Whiteaker, who has a criminal history Jeep into Wilson’s lane and crushed her car. spanning 35 years, had been on probation Officer Dick responded to a call on April The settlement is believed to be the for nine months at the time of the crash for 15, 2010, from Dennis Hanna, manager of a largest by any government agency — such a felony drug conviction. But his Clackamas Blockbuster Video store in outer southeast as a city, county, or police department — in County probation officer, Dawn Penberthy, Portland, who reported that Whiteaker was Oregon state history. The settlement came hadn’t verified his home address, which intimidating customers with weird and as jurors were deliberating at the end of a turned out to be a store, and had failed menacing behavior. three-week trial. to issue an arrest warrant even though he At trial, Hanna testified that Officer Dick The $9.3 million settlement is in a trust had blown off all five of his required drug pulled into the Blockbuster parking lot just account for Wilson and her daughter, to evaluation appointments. as Whiteaker was driving away. She pulled be administered by a court-appointed Penberthy finally issued a warrant for him over and blocked him in, but ultimately conservator. Whiteaker’s arrest when Multnomah County let him go — even though she knew he had a Whiteaker is serving an 11-year prison notified her of Whiteaker’s false address. The suspended license, no insurance and was on sentence. warrant appeared in the police computer probation.

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Winning Big Verdicts for Everyday People No trial results can ever be guaranteed. Any results set forth here were dependent on the facts of that particular case and the results will differ from case to case.

Winning Big Verdicts for Everyday People

Largest Police Brutality Verdict in Portland History Jury Orders City to Pay for Beating Ironworker

A Portland ironworker whose injuries from a police beating cost him his career now has a cushion: $562,000 awarded by a Multnomah County jury. On June 18, 2011, police pulled over Jason Matthew Cox on suspicion of drunk driving. They asked him to walk a straight line heel to toe. When Cox asked how to do that, Portland Police Officers Jeffrey Elias, Robert Burders and Sarah Kerwin responded with an epic beating. The police threw Cox to the ground, punched him seven times in the face and shocked him with a Taser four times in 33 seconds. They wrenched his shoulder and caused a muscle tear that required surgery, and killed his career. Cox, who was 37 at the time, told the Willamette Week he thought the police were going to kill him. Greg Kafoury, Mark McDougal, Jason Cox, and Jason Kafoury. Cox was savagely beaten by Portland Po- But what the police didn’t know was that lice after a DUI traffic stop. The officers did not realize they were being videotaped by a security camera. The video is available on our Youtube page, where it has had more than 33,000 views. the whole incident was recorded on the video surveillance camera of a nearby business. In a 9-3 split, the jury decided to give Cox Cox told The Oregonian he hoped the Police claimed Cox was argumentative and the full amount he asked for, finding that the verdict would prompt Portland to require appeared to want to fight. police had committed battery. They awarded officers to wear body cameras. He said that But the video shows that Cox merely $129,000 for lost wages and future earning would make them more accountable. talked with officers and gestured with his capacity, $33,000 for medical bills and As jurors left the courtroom, they shook open hands before police forced him to the $400,000 for pain and suffering. Cox’s hand, according to The Oregonian. ground. And it shows that Cox did not “Sorry this happened to you,” Browning The Portland police are a law unto themselves. swing at police. reportedly told Cox. “It must be vindication. I These officers will not be disciplined. In the past When an investigating officer from the know you’ve been through a lot.” 50 years, no Portland police officer has ever lost Fire Department asked the police how Cox “The Portland police are a law unto their job for physically abusing a citizen.” had been hurt, the officers refused to answer. themselves,” Greg Kafoury said. “These — Greg Kafoury During the trial, Cox and experts testified officers will not be disciplined. In the past 50 that police had irreparably torn his shoulder Jurors said they relied heavily on the video years, no Portland police officer has ever lost muscle, which meant he had to give up his $33 of the incident. “He had his hands behind his their job for physically abusing a citizen.” per hour career as an ironworker. back,” Justin Browning told The Oregonian. Cox said he asked officers to take it easy “They could have just cuffed him there and sat on his shoulder because of a previous injury. him in their car. Instead, he said police yanked it up behind him.

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No trial results can ever be guaranteed. Any results set forth here were dependent on the facts of that particular case and the results will differ from case to case.

No trial results can ever be guaranteed. Any results set forth here were dependent on the facts of that particular case and the results will differ from case to case. to case from differ will results the and case particular that of facts the on dependent were here forth set results Any guaranteed. be ever can results trial No

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2008. in comments Taser critical his because and him reinstate to want didn’t McShane. Michael Judge District

she because Cleavenger against retaliated his after him hired had department the that U.S. for clerk law as works now Cleavenger

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suit filed Cleavenger after and him, fire to in $650,000 Cleavenger awarding before was said he what with issue took

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get to trying for motivations noble had she with viral, went allegations Cleavenger’s student a was Cleavenger James 2008, In

that stand the on claimed McDermed The Oregonian The . told Cleavenger work,” million. $1.25 than

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an officer’s right to speak freely on matters matters on freely speak to right officer’s an district County Lane the on placed Cleavenger a to $755,000 awarded jury federal A

officer. The jury today honored and enforced enforced and honored today jury The officer. got McDermed lawsuit, the of filing the and

This is a victory for every honest police police honest every for victory a is This decision arbitrator’s the at Outraged versity of Oregon Police Department. Police Oregon of versity

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and ruin Cleavenger’s career while defending defending while career Cleavenger’s ruin and after shortly 2014, early in back-pay with

university were in on the decision to Brady list list Brady to decision the on in were university reinstated Cleavenger ordered arbitrator

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officers.) female different three specific various and bicyclists, campus Piercy,

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such third the was which employee, another hated, department the things and people

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in allegations the and actions whistleblowing Cleavenger’s that found jury The

Police Officer’s First Amendment Rights Vindicated by Jury by Vindicated Rights Amendment First Officer’s Police Jury Hands Huge Win to Blacklisted Police Officer Police Blacklisted to Win Huge Hands Jury

Winning Big Verdicts for Everyday People Everyday for Verdicts Big Winning 2016 Newsletter

A Predator in the E-Room: Hospital Agrees to Settle Legacy Emanuel’s Own Documents Show They Provided Cover for a Sex Criminal Kafoury & McDougal settled a series of lawsuits they brought against Legacy Emanuel Hospital, claiming that emergency room nurse Jeffrey McAllister was allowed to keep his job in the face of repeated claims that he was sexually abusing helpless women in Emanuel’s emergency room. McAllister is serving a 15-year sentence for sexually abusing ten women at work. “We are pleased that all these McAllister cases have been resolved,” attorney Greg Kafoury said. “Sadly, sex abuse by medical providers is a national problem. Constant vigilance is required because the intimacy of medical care is an attraction to sexual predators.’’ Kafoury & McDougal represented many of McAllister’s victims. One woman accused McAllister of injecting her with Fentanyl before shutting her in a room and Internal Legacy documents show that nurses were ordered not to contact the police regarding raping her. McAllister gave another woman sexual assaults by ER nurse Jeffrey McAllister. For in-depth coverage of this story, see our website pain medication in order to coerce her into for links to the news coverage. giving him oral sex. A third woman said he strained muscle in her ribcage. When she Testimony revealed that the hospital’s straddled her while she lay in a hospital bed complained, hospital security accused her of chief administrator, Dr. Lori J. Morgan, wearing only a paper gown. He also fondled making up the attack. wanted to fire McAllister in February 2013, two women’s breasts under the guise of The hospital fired McAllister in April after accusations of sexual assault surfaced. performing an exam. Nonetheless, McAllister stayed on the job, The women sought at least $10 million 2014, but it knew about his abuse far earlier, which opened the door to more assaults. in damages from the hospital for negligence, and did nothing to stop it. breach of duty and battery. Internal records also showed that shortly A female co-worker of McAllister at Legacy The victims’ real beef is with Legacy. Legacy before his arrest, McAllister applied for Emanuel said he sexually assaulted her in a did not protect them. McAllister was called out work at another hospital. Legacy officials supply closet. And when she told her boss, numerous times. There were red flags all over discussed whether or not the hospital which the woman said the supervisor “shunned and the place. was considering hiring him should be told ignored” her. — Mark McDougal about the string of criminal sexual allegations Another lawsuit detailed the claims of a that patients had made against McAllister, homeless woman who said McAllister injected At least six women complained to Legacy and they documented their decision to her with morphine and molested her while she about the assaults, but the hospital allowed keep silent. was suffering a miscarriage. McAllister to keep his job. Furthermore, The settlements reflect Legacy’s desire One of McAllister’s accusers claimed he nurses who were mandatory reporters were to avoid having a jury consider a request for fondled her breasts when she was admitted ordered not to call the police, and told this was massive punitive damages. to the hospital for an asthma attack and a a matter “to be settled at the corporate level.”

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Injury at School: $800K Verdict for Child’s Loss of Ability to Walk

Woman Prevails in “Shopping While Black” Case

Kafoury & McDougal secured a $105,000 verdict for a dignified black woman falsely accused of shoplifting by security guards who told her she looked “like a common criminal.”

Brenda Moaning’s attorney, Greg Kafoury, said the settlement would send a message to Sweden-based H&M, which has 3,200 stores worldwide. Trial attorney Greg Kafoury, Foster Smith and mother, Margo Smith, celebrate verdict. Kafoury said, “How do we get that message all the way back to Stockholm, Sweden? They A Portland jury awarded a Reynolds A unanimous jury awarded Smith may be in 54 different countries, but I’m School District student $800,000 after he $800,000, but because of a legislative cap sure there’s one language they understand. fell and broke his leg while an educational on damages, the school district was only The language of money.” assistant was supposed to be helping him. required to pay $600,000. Foster Smith, 10, suffers from Duchenne The child’s attorney, Greg Kafoury, The verdict was reported by national and inter- muscular dystrophy. His individual pointed out to the jury that reports written national news services. education plan (IEP) specified that he by the teacher and by the educational Brenda Moaning bought two cardigans at the should have adult assistance whenever he assistant both acknowledged that the child grand opening of H&M’s Clackamas Town was moving from one place to another. was unattended at the time he fell, but Center location. Evidence at trial showed that the rule was their descriptions of what happened were But when she left, security guards grabbed frequently ignored. radically different, and both statements her, called her a thief and wrenched her arms Smith had been on an experimental contradicted the formal incident report behind her back. drug that doctors hoped might allow him to signed by the school principal and school walk until the age of 20. Instead, Smith will secretary, neither of whom witnessed the Since the 2011 incident, she no longer takes be in a wheelchair for the rest of his life. event. Their official incident report falsely in foster children, has given up singing in her Smith’s mother, Margo Smith, told indicated that the injury was entirely the church choir and is reluctant to go shopping. The Oregonian she hadn’t considered suing fault of the child. After the September “Now, when I do go into stores it makes me the school until she asked it to cover her verdict, jurors said they were convinced that wonder, ‘Is a code being called because a black son’s ambulance bill and the principal the school had engaged in a cover-up of the woman has entered the store?’” Moaning said. responded by trying to force her to sign a true cause of the injury. document stating she wouldn’t sue.

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Winning Big Verdicts for Everyday People

Cases and Legal Issues to Watch PlayDate PDX: Dangers of a Theme-Park; Damages Capped in Wrongful Death Cases legislative proposal to increase the wrongful death cap to $1.5 million passed the Oregon House but lost in the Senate 18-12 (Five Democrats joined the Republicans to vote the bill down). There is absolutely no reason for a wrongful death cap. There is no cap on injuries, so why should the greater injury of death be subject to a cap? Our current clients who are facing this illogical cap on damages include the estate of a same-sex marriage volunteer firefighter who was riding her bike in preparation for a triathlon. She was hit by a corporate truck after the driver had first PlayDate PDX invited mothers and children to use their slide. Unlike other recreational slides, veered off the road and hit a guard rail and PlayDate’s slide routinely sent people airborne, causing a stunning number of injuries. then hit her.

PLAYDATE PDX disks. Interestingly, PlayDate PDX is owned by an emergency room doctor who continued Our firm represents 17 people, a to keep the slides open and posted such signs combination of children and parents, who after he learned of numerous injuries. were injured while going down a slide at PlayDate PDX. The lawsuit alleges that the WRONGFUL DEATH CASES slide was designed in such a fashion that persons would become airborne while going down the slide. Slides should be designed so your body never loses contact with the slide, since once your body loses contact with the slide, you can no longer control your Mug-Shot of Isabel McDaniel who recently pled movement. guilty to drunk driving and assault for carrying a After PlayDate PDX had learned of the pedestrian 11 blocks on the hood of her car. numerous injuries, they put up signs saying such ridiculous things as: “This slide has no Another claim subject to the cap involves brain . . . use your own,” and “Warning: Do a drunk driver in Eugene who hit a father and not use these slides unless you are familiar son who were pedestrians. She then carried with how to slide and brake.” What kind of Red truck that hit cyclist. the father on her car for 11 blocks before a slide needs a warning sign? Most of the stopping. He died from his injuries. The children using the slide are too young to Just this February, the Oregon legislature driver then went home, where she and her read. PlayDate PDX denied the slides were considered and rejected raising the cap on husband attempted to hide evidence of the dangerous — but they’re closed now. Some noneconomic damages for wrongful death. impact. Yes, this drunk driver gets the benefit of our clients received life-long injuries, The current cap of $500,000 was enacted of the wrongful death cap that the legislature including fractured tailbones and herniated in 1987, and has not been raised since. The believes is warranted.

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No trial results can ever be guaranteed. Any results set forth here were dependent on the facts of that particular case and the results will differ from case to case.

Winning Big Verdicts for Everyday People

Left: Founders of the Tort Museum include Greg & Judy Kafoury and Mark & Natalie McDougal. Right: Jason, Greg and Judy Kafoury with Ralph Nader.

Ralph Nader’s American Museum of Tort Mark had to miss the ceremonies because large corporations, and government agencies Law opened with dedication ceremonies in he was waiting for the verdict in Cleavenger v. accountable for harms they have inflicted Winsted, Connecticut, on September 25 and McDermed. Jason Kafoury attended in on people. 26, 2015. Mark McDougal and Greg Kafoury his place. At Mr. Nader’s invitation, Jason spoke provided considerable financial support to the The Museum is the first museum of law to to the founders and dignitaries at the Friday creation of the museum, and, along with their be opened in the United States, and perhaps in night dinner, and Greg spoke at the dedication wives, Natalie McDougal and Judy Kafoury, the world. The displays and narratives are in ceremony the next day. Winsted, Connecticut, have been designated as “founders.” The list of response to the insurance-funded effort of the is Nader’s home town, and was the scene founders is on a large plaque at the entrance to last several decades to denigrate trial lawyers of famous working class struggles in the the museum. and the role of juries in holding wrongdoers, last century.

Double Your Insurance Coverage – For Free

A new law passed by the Oregon legisla- The new law, SB411, prevents insurance com- ture allows persons injured in vehicle acci- panies from subtracting the amount of liability dents to collect additional money under their insurance another driver has from the amount UM/UIM policy, but it only applies to of underinsured coverage stated in your own policies activated or re-issued on or after insurance policy.

January 1, 2016. SB411 makes sure that underinsured Before, if a driver with $25,000 in liability in- motorist coverage you paid for benefits you, surance wrecked your car and injured you, and instead of lining the pockets of insurance you had a $25,000 policy for underinsured driv- companies. ers, your own insurance company would have The change in the law only applies to policies denied your claim for underinsured motorist first obtained or reissued after January 1, 2016. benefits — even though you had been paying Be sure to get your existing policy reissued premiums all along for underinsured motorist in order to take advantage of this new law. coverage, and even if your medical bills were much higher.

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No trial results can ever be guaranteed. Any results set forth here were dependent on the facts of that particular case and the results will differ from case to case.

503.224.2647 503.224.2647 kafourymcdougal.com PHONE 9 PAGE ONLINE

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2016 Newsletter 2016 2016 Newsletter

A Washington County Jury Awards Nearly $1 Million to Educational Service District Whistleblower

students who were being cheated by his bosses at ESD, they papered his file and fired him. This jury has delivered a great victory to all blind students, public employees, and whistleblowers.” Wright was written up by his superiors, including Joan Steiner, for what they termed his “advocacy,” was told to curtail his volunteer involvement with blind students, and to refuse any requests for advice or assistance from parents of blind children. He was told that “We serve districts, not students.” When his job was threatened in writing, and he was accused of a lack of “professionalism,” he responded with a memorandum written to Jack Musser, Director of Human Resources, as follows:

Greg Kafoury, Mark McDougal, client Michael Wright, and Jason Kafoury. “I was told that ‘we are an Education Service District, that means we serve districts.’ I In what may be the largest jury award in students from the Oregon School for the Blind, objected to this … I do not serve districts. I the previous 30 years of Washington County, which was closed in 2009 after 130 years, and serve students. By doing my best to serve jurors on August 1, 2012, awarded $970,000 for the 850 other blind students across the students, I fulfill my role as an ESD employee to Michael Wright, a former employee of the state. and the districts are served as well. I won’t Northwest Regional ESD. With an attorney Jurors heard testimony that the $3 million change. This is what you got when you fee petition pending, the case settled for $1.2 fund was intended to be spent during the hired me.” million. next two years, and that the fund was to be While Musser and Steiner acknowledged Mr. Wright was represented at trial by fully replenished every two years thereafter to receiving the four-page response, they denied Jason and Greg Kafoury. Mark McDougal provide continuing services for blind students. reading it, and denied that Wright’s refusal to conducted video depositions of the defense Joan Steiner, assistant superintendent at respond to the pressure to curtail his advocacy witnesses, which were used at trial to NWRESD, had secured the right to disburse played any role in his September 15, 2010, devastating effect. the fund, and was in charge of spending the termination. The jury found that Wright was fired in money during the two-year period. However, The termination was formally based on a retaliation for his advocacy for the rights of evidence showed that the actual expenditures brief lapse in Wright’s teaching license. His blind students. Wright, a highly specialized were pitifully small, and in response, the license was restored on September 10, after teacher of blind students, persistently next legislature refused to provide any only two days of school, and the defense maintained during the 2009-2010 academic new funds. As a result, the blind students acknowledged that the district could have year that the region was failing in its legal throughout Oregon had been deprived of what requested a brief emergency license for him. obligation to spend a $3 million dollar fund was intended to be major funding for blind Musser acknowledged that he made no which had been set aside by the legislature students in the future. effort whatsoever to learn whether Wright was to provide specialized teaching, equipment, Jason Kafoury released the following a good teacher, and even the defense witnesses and services to Oregon’s blind students. The statement: “When Michael Wright refused agreed that he was a teacher of fund was created to assist in the transition of to back down from his advocacy for blind high quality.

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Winning Big Verdicts for Everyday People

Oregon Agricultural Worker Awarded $6.2 Million for Hay Bale Machine Accident that Left Him Paralyzed From The Oregonian, June 21, 2013

A Multnomah County jury on June 21, 2013, They said they found through their own A doctor testified that the squeeze of the awarded more than $6 million to a 21-year-old research that the injuries included three machine essentially cut Vasquez in half, leaving Oregon agricultural worker who was paralyzed workers who lost fingers, broke a leg or him held together only by soft tissue. Five from the waist down when his torso was mangled an arm while working with similar surgeries later, doctors have told him he’ll never crushed into an inch-wide space by a hay bale- machines. They also acquired a Double Press walk again. cutting machine. memo referencing three serious accidents in “I felt a lot of pain,” Vasquez said. The jury found that Double Press 2000 —a decade before Vasquez was hurt. Jurors decided Vasquez’s damages Manufacturing, which makes the equipment in In 2006, a man named Mateo Maldonado amounted to about $10 million — and because Madras, was 60 percent responsible for injuries lost his arms in a hay-processing machine at suffered by Zeferino Vasquez in Junction City. Anderson Hay & Grain in Aurora. jurors decided he was 40 percent at fault, Judge Vasquez was found 40 percent at fault. He didn’t press a control-panel button that would have prevented the machine from moving while he was inside removing some jammed hay. Greg Kafoury, whose law firm represented Vasquez, said his client is one of leagues of Latino workers who work some of the nation’s most dangerous jobs for modest wages. The workers often won’t complain about hazardous working conditions, he said.

If you had this kind of injury pattern with white college kids working summer jobs, this industry would have been cleaned up in a heartbeat. — Greg Kafoury

“These guys don’t have unions,” Kafoury said. “They are incredibly vulnerable. A lot of them have immigration issues, so they really are at the mercy of the machine makers and the employers. “If you had this kind of injury pattern with Greg Kafoury, Zeferino Vasquez, and Mark McDougal. For more information on this story, see our website for links to the news coverage. white college kids working summer jobs, this industry would have been cleaned up in David Rees reduced the award to $6.2 million. a heartbeat.” At the request of OR/PAC, Double Press Vasquez, now 24, plans to go to college to Vasquez was injured in an OR/PAC modified the machine that hurt Vasquez, but become a physical therapist who specializes in warehouse, where he made $9.15 an hour. not the other machines, he said. Vasquez’s attorneys faulted Double Press for “The jury system is the only way these working with people with disabilities. failing to keep records of people injured manufacturers can be held accountable,” said As jurors streamed out of the courtroom, using that machinery, which was sold to 45 Kafoury, who represented Vasquez along with most of them stopped to shake his hand and other companies. Mark McDougal and Jason Kafoury. offer words of encouragement.

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