Christina Pecora v. Carmine David Silva, et al.; Benton County Circuit Court, State of Oregon; Case No. 18CV39119
Les Gelhar obtained a favorable verdict for a restaurant client in this motor vehicle negligence and dram shop case. Plaintiff Pecora was a passenger in Mr. Silva’s vehicle which overturned while driving at speeds exceeding 100 mph. Ms. Pecora was ejected from the vehicle and suffered multiple fractures and a degloving injury to her arm. Mr. Silva had a .249 BAC less than an hour after leaving our client’s restaurant. He consumed 2 tall draft IPAs each measuring about 19 ounces at the restaurant and had been drinking before arrival. The jury apportioned 15% fault to the restaurant, 65% to Mr. Silva and 20% to Ms. Pecora. The net award against the restaurant was a fraction of Plaintiff’s medical special damages.