Wrongful Death

Living in Portland, Oregon, it’s easy to see how lucky we are. But sometimes we lose sight, and a tragedy like the Haiti earthquake reminds us. As personal injury lawyers, we talk a lot of no-fault suits and wrongful deaths, but this is an example of this to the extreme.

This is an effort we believe is worthy of our time and money. Mercy Corps is local and it’s doing amazing things on the global stage. We hope you will be able to help.

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Date: January 25, 2010
Location: U.S. 26 near Government Camp, Oregon
Names: Robin “Babes” Rae Udey, Ronald Jory

Oregon State Police troopers are investigating a fatal crash between a commercial truck and an SUV on U.S. 26 near Government Camp in Oregon. Robin “Babes” Rae Udey, 54, of Pine Grove, Oregon, died January 25, 2010, around 7:45 AM, after a truck driven by Ronald Lewis Jory, 63, of Olympia, Washington, crashed head-on into the car she was driving, according to reports by The Oregonian and Salem-News.com.

While traveling downhill, nearing a curve in the road, Jory lost control of the truck he was driving, which was pulling two tankers loaded with malt. The highway was covered with packed snow and ice.

Udey was thrown from her car, even though police believe she was wearing safety restraints. She was pronounced dead at the scene.

Jory, who was using safety restraints, received non-life-threatening injuries, and was transported by ambulance to Oregon Health & Science University Hospital.

According to an obituary in The Dalles Chronicle, Udey is remembered by her husband, Raymond; children JC, Alex, Ginny, and Stacey; four grandchildren; and many other loving family members and friends.

Udey was an avid hunter, fisher, and traveler. She worked as an Equal Employment Specialist for the United States Forest Service.

A memorial service was held February 2 at First Christian Church in The Dalles.

Our hearts go out to Udey’s family as they mourn the loss of a very special, much loved woman. A friend of the family commented on The Oregonian’s article, “Robin was a wonderful, fun loving person who had a giggle that would make anybody smile.” We join our prayers with the many community members grieving this tragic loss.

Wrongful death claims are allowed by law. ORS 30.010-30.100.

The statute of limitations for a wrongful death claim is tricky. It is “three years after the injury causing the death . . . is discovered or reasonably should have been discovered. . . .”  In other words, it’s not three years from the date of death; it’s three years from the date of the original injury that ultimately caused the death. If a person goes into a coma from a car crash, and dies eight months later, the case will have to be brought within three years from the date of the car crash, not from the date of the death.

If a city, state, county, or other public body is being sued, a Tort Claim Notice must be received by the entity being sued within 180 days of the injury.

Compensation available includes charges for medical expenses; memorial and burial services; compensation for the person’s pain, suffering, disability, and loss of income from the time of the injury through the time of death; financial losses to the person’s family or other heirs; compensation for the loss of companionship and services to the person’s spouse, children, stepchildren, stepparents and parents; and punitive damages may sometimes be available as well.

The law caps the amount of noneconomic damages at $500,000. This does not apply to economic damages, which are not capped.

Shulman DuBois does not represent any of the parties in this article. If you were involved in this or a similar incident and have questions as to your rights and options, call us or another reputable law firm. We offer a free, confidential consultation to not-at-fault people discussed in this article. The free consultation extends to family members as well.

Names: Marco Antonio Guerrero, Austin Guerrero, Jeffrey Wayne Hunt Jr., Daniel Herrington, Melissa Kay Davis
Location: SE Waybill Drive & Orient Drive, Boring, OR
Date: August 8, 2009

Marco Antonio Guerrero was killed in a tragic collision at about 9:40 p.m. yesterday, August 8, 2009, according to the Outlook Online.
Read the rest »

Date: June 17, 2009
Location: Interstate 5, near Creswell, Oregon
Type: Car Accident
Outcome: Two deaths, one injury (severity unknown)
Names: Brian Coontz, Cathleen Coontz, Kailee Coontz, Stephen Whitaker, one unidentified injury victim

Interstate 5 is now open to traffic after a fatal crash near Creswell took the lives of two people, including a child this Wednesday around 9 P.M. The road was blocked after the accident for Oregon State Police investigation.
Read the rest »

Date: April 25, 2009
Location: Intersection of Hwy 26 and Orient Drive in Sandy, OR
Type: Car Accident
Names: Matthew D. Ingle, Pamela Benson, Clarice Benson

Pamela Benson, 42, and daughter Clarice Benson were killed while making a left turn at the intersection of Orient Drive and Hwy 26 in Sandy, OR. The accident occurred at approximately 5:00 pm on Saturday, April 25th.  Witnesses reported that 18-year-old Matthew D. Ingle ran a red light at the intersection resulting in the collision, killing mother and daughter.  Pamela Benson was pronounced dead at the scene.  Her 11 year-old daughter, was rushed to Oregon Health Sciences University (OHSU) in a LifeFlight helicopter.  She too, was soon pronounced dead.

The Oregon State Police are continuing to investigate the accident.  According to KOIN, Ingle was arrested upon release from OHSU for unrelated charges including second-degree burglary, attempting to elude a police officer, reckless driving and recklessly endangering another person.  Ingle awaits arraignment, with a $55,000 bail requirement.

We at Shulman DuBois LLC extend our condolences to the friends and family of Pamela Benson and her daughter Clarice Benson.  We can only imagine with horror what they must be going through.

The Bensons were residents of Eagle Creek, Oregon, whose residents were shaken by the fatalities.  Clarice’s classmates are working through the loss with the teachers and staff Cedar Ridge Middle School, according to local news sources. Such incidents are particularly difficult for children who know victims of such tragedy.  We wish all the best to those grieving the loss of Pamela and Clarice.

A traffic signal at the increasingly dangerous intersection had been installed in 2005, as reported by the Estacada News.  Both victims were wearing their seat belts.  Oregon State Police, Clackamas County DA office and interagency crash investigation team, the Sandy Police and ODOT are all contributing services in the investigation, according to the Estacada News.

Date: May 1, 2009
Location: Highway 224 East of I-205
Type:  Car Accident, Wrongful Death, Motor Vehicle Collision
Names: Jonathan J. Christianson, Gerardo Gutierrez-Castillo, Rothchild Scott, Juan Rambila-Ramos, Alvaro Naranjo-Montano, and one child
Outcome:  One death, Several Injuries

According to the Oregon State Police “Flash Alert”, a tragic three-car accident occurred on Oregon Highway 224, east of I-205, at approximately 7:40 am on May 1st.  The driver of a ’92 GMC pickup Jonathan J. Christianson, 40, was heading east on 224 when he crossed the center left turn lane and crashed into a 2007 Ford F550 truck, driven by 21 year-old Gerardo Gutierrez-Castillo.  Christianson’s GMC spun around and stopped facing west.  Rothchild Scott, age 54, the westbound driver of a 2007 Acura MDX was unable to avoid the two vehicles involved, and struck them from behind.

Scott and his child-passenger received minor injuries.  The Ford F550 included two passengers, Juan Rambila-Ramos, 24, and Alvaro Naranjo-Mantano (age undetermined).  All three occupants received treatment for minor injuries at local medical facilities.  Christianson’s passenger, Jennifer Mowry, 37, also sustained injuries deemed non-life threatening.  Christianson was taken via helicopter to Legacy Emmanuel Hospital where he subsequently died, according to the Oregonian.

Our thoughts and prayers go out to the victims of this unfortunate incident.  It goes to show how a careless driver, a distracted driver or a driver with a lapse of judgment can affect so many.  Sx people’s lives were endangered and the driver apparently at fault lost his life.

The incident occurred in Clackamas Country, where 32 traffic fatalities occurred in 2007.  Highway 224 is among the most traveled roads in the County.

We at Shulman DuBois LLC take satisfaction in helping those injured in accidents.  Injuries can affect victims in so many ways including rehabilitation, short or long term physical impairment, trauma, employment and loss of income issues, and overall stress.  We understand the plight of victims and commit our experience and tenacity in representing clients to the fullest, during such trying times.

Shulman DuBois, LLC, is located in Portland, Oregon, and serves clients in all Oregon cities and counties, including: Portland, Beaverton, Multnomah County, Hillsboro, Gresham, Lake Oswego, West Linn, Tualatin, Troutdale, Sellwood, Corvallis, Salem, Eugene, and Albany.