The following
is a selection of cases that represent the breadth of
services of Arnold Law Office, including some interesting
examples countered by some of the more
"routine." The client names have been removed
to protect confidentiality.
Product Liability - Zooma
Scooter
Lawsuit against stand-up gas-powered scooter after handle
bar welding failed, causing crash with elbow fracture.
Plaintiff received a poor offer and then a dismal
arbitration award. Plaintiff appealed to a jury trial.
Jury trial result 25 times the arbitration award.
Sometimes it takes a jury to sort out a case.
Product Liability/Wrongful
Death - G-Max Motorcycle Helmet
Husband and wife were on their motorcycle when negligent
driver pulled out in front of them. Wife's helmet strap
webbing failed and her helmet came off. She died of head
trauma. Six figure settlement with G-Max distributor.
MVA - Rearender Appeal from
Arbitration by Farmers
Farmers appeals arbitration award for a young man with
soft tissue injuries to back. Josephine County awards
more than arbitration award and several times more than
Farmers' offer. Defense counsel claims verdict is the
highest soft tissue award ever for Josephine County.
MVA - Bike struck in crosswalk
Arbitrator rendered a defense verdict due to client
riding bike faster than a walk and for entering crosswalk
when it read "Don't Walk." Defendant was at a
red light looking left when he made an unsignalled right
turn without looking right. We appealed the arbitrator's
defense judgment and won. Jury found in favor of our
client and awarded the requested damages.
Nursing Home Death - Avamere
Complex litigation involving an Avamere CNA who failed to
give anti-seizure medication to Vietnam War veteran
several times. He died from seizure. Status: discovery
ongoing; trial set.
ODOT dump truck crashes into
car in work zone
An elderly woman was following a dump truck into a work
zone. The flagger failed to stop traffic as they entered
the work zone and the truck failed to radio ahead that
there was traffic with him. The truck pulled off the road
while in the work zone and then re-entered the roadway
without looking and struck the car causing injuries to
her shoulder (requiring surgery on both). ODOT denied
liability and paid for expensive litigation with tax
funds before paying a reasonable settlement amount. Our
firm employed a civil engineer with years of work zone
experience to analyze the lack of a proper safety plan.
Wrongful Death - Drunk Driver
Kills Teenage Girl
Wrongful Death - Woman Crushed
by Trash Truck
Drunk Driver rear ends SUV on
interstate
Driver who was impaired by alcohol ran into the back of
SUV while traveling at a very fast rate of speed. Both
vehicles were totaled and client's back pain got
progressively worse, resulting in a fusion surgery. The
lawsuit alleged punitive damages for recklessness of
driving drunk. Defendant filed for bankruptcy while case
was pending. Ultimately the case settled for policy
limits from the insurer and an excess judgment in
bankruptcy court with a payment plan.
DUII
(Driving Under the Influence of Intoxicants)
DUII - Eugene Railroad Tracks
Client accused of driving on to railroad tracks when
officer finds client exiting from the driver's side of a
vehicle stuck on tracks 1/4 mile from the nearest road.
Case dismissed after jury trial after discovery that law
enforcement failed to investigate homeless witnesses who
remember a woman driving a car through bedroom at 3 a.m.
DUII - Cottage Grove Railroad
Tracks
Client accused of turning down railroad
tracks by mistake. Client claimed that the actual driver
ran away from scene after getting stuck. Mistrial granted
by judge then case dismissed after negotiations due to
prosecutor failing to disclose a material witness who saw
someone running from the direction of client's car a few
blocks away from tracks.
DUII - Refusal Due to Fear of
Law Enforcement
Client refused to blow after having one of friend's
homebrew after work. Client's refusal of FSTs and
intoxilyzer was due to lack of trust of law enforcement.
Jury acquitted (found not guilty) after three hours of
deliberations.
DUII - Springfield Tavern
Collision
Client accused of driving his truck into the side of the
bar causing damage and then fleeing scene. Law
enforcement arrested him later at his home after he had
some drinks at home. After a two-day Springfield
Municipal Court jury trial, where cross-examination
focussed on the police officers flawed investigation (by
failing to investigate client's claims of drinking at
home), and after less than thirty minutes of
deliberation, the jury found him not guilty of DUII.
Client did not testify.
DUII - Car Crash Dismissal
DUII - 0.10% BAC Dismissal
DUII - 0.07% BAC Dismissal
Criminal
Defense
Harassment - Self-defense after
being threatened by baseball bat and pepper spray A Eugene Municipal Court jury found client
not-guilty of physical harassment after 21 minutes of
deliberations. Client accused of tackling a man in his
estranged wife's home and throwing him into the bushes
after man confronted client with baseball bat and pepper
spray. Accusations stemmed from a child custody dispute
between the client and his estranged wife. Client did not
testify.
Assault, Harrassment, and
Reckless Endangering - Self-defense against gas station
owner at the coast Client accused of assaulting gas station owner
and running over woman's foot while leaving the scene.
Vigourous cross-examination of the state's six eye
witnesses and two police officers, showed flaws in the
investigation, a rush to judgment, biases of the
witnesses, and faulty memories or lies. Client did not
testify. After 47 minutes of deliberating, a Lincoln
County jury found him not guilty of all charges.
Sex Abuse 1 (75 month minimum
prison), Assault 2 (70 month minimum), Sex Abuse 3,
Coercion, Criminal Mistreatment in the First Degree x 2 -
Custody case motivates false accusations against father Client jailed with $1.68 million bail setting
after being falsely accused of smothering his wife with a
pillow and sexually assaulting two adoptive daughters,
among other claims. The case eventually resolved with an
Alford Plea to one count of coercion for allegedly
forcing a remote control out of wife's hands, which is
expungeable at the end of probation, no additional jail
time, and a dismissal of all remaining charges. After the
dismissal, client was able to resume parenting time with
his biological daugther and continue to be an active
father.
Unlawful Use of Weapon -
Menancing with Knife at Motel Desert Storm veteran goes off medications for
PTSD and has mental breakdown at a motel. He breaks a
window and scares everyone, including law enforcement
with K-Bar military knife. Resolved with a guilty plea to
misdemeanors, payment of restitution to motel, no
probation and no additional jail.
Assault II - Fractured Skull
from Kicking
Client accused of punching man on bike and then
fracturing his skull by kicking him after drinking at
bar. "Witness" calls police and says that
client did it. Client says that witness did it. Original
offer, 24-months prison. Prison offer continues
throughout next court appearances. Prosecutor settles for
no prison a few days before trial.
Possession of Meth - the Empty
Chair
Client accused of possession meth. She says it belonged
to boyfriend who was driving. We move for mistrial which
was granted after officer makes a statement contrary to a
pretrial order.
Kidnapping/Robbery - ATM
Kidnapping
Three high-profile counts of kidnapping women and driving
them to ATMs for them to withdraw money to fund heroin
addiction. Prosecutor argues that client could face the
rest of his life in prison but settles for 21-month lid.
We conducted a several hours long sentencing hearing
calling an expert witness on lack of future dangerousness
as well as several witnesses to discuss client's home
life and addiction.
Sex Abuse - Church Youth Group
Sex Abuse of Minor
Client admitted to having sex with a teenager that he met
at a church camp. Settled for the non-registerable
offense of Coercion, which was expungable after three
years.
Possession of Cocaine - No File
Due to Bad Warrant
We obtained the search warrant return and affidavit prior
to DA reviewing the case. After pointing out the
deficiencies in the warrant, no charges were filed.
Dog-at-Large - Llama castration
via pit bull: civil compromise
Client's pit bulls got loose and chased neighbor's
prize-winning llamas. One had to be put down and the
other was unable to continue being the herd's sire. The
charges were dropped after a civil compromise was
reached.
Delivery of Meth - Federal
Court
Settled by an agreement to dismiss federal case in
exchange for state court plea.
DUII/Assault II - Running over
Man at Bar While Driving Drunk
Convinced the DA that driver was fleeing an attempted
assault and that "victim" was trying to keep
him from leaving. All charges dismissed.
DV/Felony Assault IV - Menacing
with Bag of Potatoes
Client facing several years in prison for second assault
conviction against his wife. Global settlement included
less than one-year in prison and future parenting time
with his children.
Criminal Trespass at Bar - Bar Fight
Gone Bad: bail forfeiture and dismissal
Criminal Mistreatment I
(Felony) - Elder Abuse at Nursing Home
Dismissal after our expert medical witness found that
injuries were consistent with client's version of what
happened.
Assault - Broken Nose at
Football Game
Self-defense claim by college girl accused of punching
season ticket holder in the nose with right cross.
Diversion agreement; no conviction.
Civil
Litigation
Sexual Harassment Defense -
Hospital Administrator Stalking Mike Arnold defended
the administrator of a hospital who pursued a
relationship with a young woman who was apparently giving
him mixed signals. Before contacting our firm he was
convicted of a criminal stalking charge and lost a
stalking order trial. She then sued him for $500,000
claiming sexual harassment, assault, and intentional
infliction of emotional distress. In a Marion County jury
trial after a brutal cross-examination of the plaintiff
and picking apart their psychologist expert, we won a
defense verdict.
Wrongful Use of Civil
Proceedings Defense - Elder Abuse Gone Bad Mike Arnold defended a
woman in United States District Court who as accused of
wrongfully initiating an elder abuse case in state court.
Plaintiff was wife of client's brother. Brother stole
substantial assets from their father while he was infirm.
Client received a large verdict against brother in state
court but sister-in-law received a defense verdict.
Sister-in-law then sued in federal court. We won a
defense verdict after a jury trial in federal court.
Undue Influence - Stealing
Mobile Home Park from non-profits
An elderly woman suffering from dementia was coerced into
changing her will to leave all of her assets to the
managers of the mobile home park she owned. Previously,
the woman graciously left substantial assets to family
and several non-profit organizations. Our firm
represented several of the nonprofits. After a thoroughly
diligent investigation by the firm turned up a material
witness in California, depositions quickly turned into a
settlement conference. A six-figure settlement occurred
thereafter.
Civil Rights Violation - False Confession
of Minor by Lane County Sheriff's Deputy (Federal Court)
The Lane County Sheriff's Office made some incorrect
assumptions about the guilty of our twelve-year-old
client and coerced him into a false confession for the
shooting of a neighbor's dog. They even made him
demonstrate how he did it with his pellet gun. Ballistics
tests proved that his gun did not fire the bullet but the
results were not disclosed to client's juvenile
delinquency lawyer for an unreasonable amount of time.
During that time, he faced ridicule and embarrassment. We
sued the county and school district in federal court.
After discovery and numerous depositions, the defendants
agreed to have judgments entered against them and paid
monetary damages.
Breach of Fiduciary Duty - Self
dealing in business/land deal gone bad
Civil jury trial in Lane County district court.
Stalking
Orders and Restraining Orders
Wrongful Use of Civil
Proceedings - False Stalking Order to Gain Custody
Received a $50,000 judgment through bankruptcy
adversarial proceeding due to mother lying to get a
stalking order.
Restraining Order - Lying about
Fear to Gain Custody
Mother lied about being afraid of father. She dismissed
it after being cross-examined and confronted with dozens
of text messages she sent to father.
Stalking Order - Lying about
Rape to Gain Custody
We won a dismissal after trial. Court made findings of
fact that stalking order was brought for an improper
purpose.
Sexual Harassment - Setting up
co-worker for a sexual harassment lawsuit
Negotiated a dismissal and a mutual no-contact agreement
after discovering that petitioner made similar
allegations against another employer in California.
Stalking - Young woman files in
spite after older man stops buying her things
Young woman lied about stalking incidents to gain a
stalking order to spite her much older friend who bought
her car, surgery, etc. Petitioner lied to the court; the
firm proved the lies in trial and case dismissed.
Family Law
Custody -
Alienation by Mother
Mother filed false stalking order against father. We won
custody for father by showing that mother was making
false accusations to gain advantage in the custody case.
Managing
partner Mike Arnold on what sets Arnold Law
Office apart:
Arnold
Law Office, LLC, represents clients along the Oregon
Coast and throughout Western Oregon, including in
Portland, Eugene, Springfield, Salem, Corvallis, Cottage Grove, Albany, Newport, Oregon
City, Beaverton, Clackamas, Wilsonville, Tigard,
Hillsboro, Lake Oswego, Coburg, Creswell, Florence,
Junction City, Lowell, Veneta, Oakridge, Roseburg,
Brownsville, Halsey, Harrisburg Klamath Falls, Medford,
Ashland, Grants Pass, Glendale, and Bend, and in the
following counties: Lane
County, Multnomah
County, Washington County, Clackamas County, Linn County,
Douglas County, Marion County, Coos County, Lincoln
County, Benton County, Deschutes County, Josephine
County, Klamath County, and Jackson County.
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