Unnamed Insurance Claimant v. Insurance Company (Pre- litigation claims): Testifying expert to defense counsel in the analysis of “lost profits” claims alleged in connection with property damage occurring to claimant’s bed and breakfast lodge. Analysis of plaintiff damage allegations, income tax returns and financial statements, prepared financial trends of claimant’s business, “before and after” lost profits calculations and exhibits for insurance company to utilize in settling all claims. Result: Settlement.
Unnamed Parts Manufacturer v. Unnamed Equipment Manufacturer (American Arbitration Association): Testifying expert to defense counsel in the analysis of “lost profits” claims alleged in connection with breach of contract claims where defendant was alleged to have manufactured faulty equipment. Analysis of plaintiff expert report, rebuttal of all assumptions utilized by plaintiff expert, preparation of independent “lost profits” analysis which calculated no damages and further disclosed that plaintiff was in a continual loss situation that would have been made worse if the equipment was working correctly. Result: Settlement.
Trailblazer Food Products v. Silgan White Cap (Oregon District Court – Portland Division, Case No. 3:15-cv-00417-RC): Testifying expert to defense counsel in the analysis of “lost profits” claims alleged in connection with negligence claims where defendant was alleged to have manufactured faulty products causing $10 million in damages. Analyzed potential damages and prepared defense expert report, analyzed and rebutted plaintiff expert report, provided deposition testimony, prepared trial exhibits in anticipation of settlement or trial. Result: Settlement.
West Linn Paper Company v. Columbia River Carbonates et al. (Oregon District Court – Portland Division, Case No.): Testifying expert to plaintiff counsel in the calculation of “lost profits” in connection with claims where defendant supplied faulty products. Analyzed financial and market information, calculated potential damages, prepared mediation exhibits in anticipation of settlement or trial. Result: Settlement.
(Individual v. Farmers Insurance): Testifying expert for defense counsel in lawsuit alleging lost wages and business income related to automobile accident. Analyzed multiple years of personal and business income tax returns, industry market trends, deposition transcripts, company statistics and economic indicators. Determined that actual losses sustained by plaintiff were minimal compared to amounts alleged. Prepared damage report, deposition questions, trial exhibits and settlement analysis. Result: Settlement.
Uno v. Provident Life Accident Insurance Company (Coos County Circuit Court of Oregon, Case No. 06CV0163): Testifying expert for defense counsel in lawsuit alleging lost wages and business income related to automobile accident. Analyzed multiple years of personal and business income tax returns, industry market trends, deposition transcripts, company statistics and economic indicators. Determined that actual losses sustained by plaintiff were minimal compared to amounts alleged. Prepared damage report, deposition questions, trial exhibits and settlement analysis. Result: Settlement.
(Undisclosed Individual v. The Hartford Insurance Company): Testifying expert for defense counsel in lawsuit alleging lost wages and business income due to automobile accident. Plaintiff sued for policy limits and alleged that auto injuries forced the sale of his businesses. Analyzed income tax returns, employment and earnings history, purchase and sale agreements, deposition transcripts, and other financial records. Discovered Plaintiff had determined to sell business prior to accident date and another business was actually a hobby. Determined that loss sustained by plaintiff was a fraction of amounts alleged. Prepared comprehensive damage and forensic report. Result: Settlement.
Carl F. Burkheimer v. Wanda Gay Barkhurst (Deschutes County Circuit Court of Oregon, Case No. 15cv33549): Testifying expert for defense counsel in lawsuit alleging business income related to automobile accident. Analyzed multiple years of personal and business income tax returns, industry market trends, deposition transcripts, company statistics, capacity constraints and economic indicators. Determined that actual losses sustained by plaintiff were minimal compared to amounts alleged. Prepared damage report, deposition questions, mediation and trial exhibits. Result: Settlement.
(Jenny Shockney v. Eric Osborne (Circuit Court of the State of Oregon for the County of Crook, Case No. 18CV07926): Testifying expert for defense counsel in lawsuit alleging lost income due to injuries from a car accident caused by defendant. Reviewed components of damages claimed by Plaintiff, prepared independent damages analysis and trial exhibits, and testified in Court. Result: Jury verdict for Plaintiff with damages awarded at defense expert amounts.
(Jones Act) Mark McKinley v. Foss Maritime Company (Oregon District Court, Case No. 3:18-CV-00799-HZ): Testifying expert to defense counsel in connection with damages alleged from personal injuries suffered during tug-boat operations. Analyzed damages alleged by plaintiff, developed independent calculation of potential damages, and prepared exhibits for mediation. Result: Settlement.
