Attorney Kimberly Olivia Weingart's Legal Cases

Personal injury

Bowden v. Genie Industries Inc.

May 02, 2022

OUTCOME: Judgment for Plaintiff in the amount of $1,731,305.80

Products liability claim against Genie Industries involving design defect and failure to warn claims about a boom lift that injured plaintiff while he was working as a ship painter. Plaintiff suffered ... serious injury when the incident boom lift unexpectedly shook him from side to side, throwing him to the ground. Plaintiff could no longer work in his usual capacity and suffered past and future wage losses as a result. Jury awarded $3.35M in damages to plaintiff and assessed him 48% comparative fault.

Personal injury

Morlan v. State Farm Mutual Automobile Insurance Company

Mar 11, 2020

OUTCOME: Verdict in plaintiff's favor

We represented a driver hit by an uninsured motorist. When plaintiff's insurance company disagreed about the value of his injuries, we brought a breach of contract claim against State Farm. A twelve ... person jury agreed with us and awarded damages in excess of the policy limits that were trying to recover.

Personal injury

Wally Konsa v. Connected Healthcare, Inc. dba Connected Home Health

Mar 01, 2018

OUTCOME: $1,780,082.19 unanimous jury verdict for plaintiff Konsa awarding the full amount of his prayed for damages; zero % comparative negligence found on the part of plaintiff.

Plaintiff was run over by visiting home health care provider’s unattended SUV that plaintiff alleged was improperly parked in his driveway. Plaintiff was knocked over by the open driver side door as h ... e attempted to enter the backwards moving vehicle to apply the brake. Defendant employer of the visiting nurse alleged that plaintiff was comparatively negligent for failing to get out of the way of the rolling vehicle and that his decision making was impaired by alcohol consumption. Plaintiff testified that the nurse asked him for help in stopping the runaway vehicle as they were both standing in SUV’s path when they first noticed it rolling. Plaintiff suffered crush injuries to the pelvis, left knee, and right hand; contusions and abrasions; aggravation of arthritis. His injuries resulted in his medical retirement from long time work and significant economic and noneconomic damages.

Personal injury

Sussan v. Polk Cnty., No. 3:13-cv-01599 (D. Or. Nov. 30, 2015)

Oct 14, 2015

OUTCOME: Plaintiff Verdict of $485,800.00 with 50% comparative fault assessed to plaintiff

Plaintiff Theadore Sussan was injured while performing court ordered community service consisting of work crew maintenance of park trails as part of a criminal sentence. Plaintiff was ordered by the ... work crew supervisor to break a large branch without the assistance of a hedge trimmer which was available or proper safety equipment including eye protection. In trying to break the branch with his bare hands it swung upward and broke apart, puncturing his right eye with a splintered stick and causing corneal laceration and retinal detachment with associated loss of vision. Plaintiff alleged that the County and its employee work crew leader were negligent in telling him to break the branch and failing to ensure the crew had proper protection and equipment for the job at hand. The County argued that they didn't tell Sussan what to do and that plaintiff was negligent himself in trying to "be a muscle-man" by attempting to break a branch that was clearly large enough to require a chainsaw.

Kimberly Olivia Weingart's Legal Cases (4)

Bowden v. Genie Industries Inc.

Morlan v. State Farm Mutual Automobile Insurance Company

Wally Konsa v. Connected Healthcare, Inc. dba Connected Home Health

Sussan v. Polk Cnty., No. 3:13-cv-01599 (D. Or. Nov. 30, 2015)