Practice Areas: Personal Injury, Construction Litigation, Civil Litigation; view more
Licensed in Oregon since: 1992
Education: Pepperdine University School of Law
Selected to Super Lawyers: 2006, 2010 - 2024 Call today:
888-704-6651
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1050 SW 6th AveSuite 1100
Portland, OR 97204 Visit website
Details
Tom D’Amore is a highly experienced trial lawyer and educator of fellow trial lawyers. Tom is licensed to practice in Oregon, Washington and California and is retained to work on cases nationwide with other attorneys. His practice emphasizes serious personal injury, trucking and construction accidents, wrongful death, traumatic brain injury, quadriplegia, product liability, opioid and other complex litigation. His law firm, D’Amore Law Group, has been seeking justice for injured people and their families in Oregon, Washington and California since 1992.
Tom D’Amore has earned a reputation among insurance companies and corporations as an ethical, experienced, and aggressive personal injury attorney.
Tom is deeply committed to both his clients and the legal community. He serves on the Board of Governors and the Executive Committee of the American Association for Justice (AAJ), a national organization promoting access to justice. Tom is a former Certified Public Accountant (CPA) in Oregon and California. He has served as the Budget Chair for AAJ and serves on various AAJ committees. He is Past President of the Oregon Trial Lawyers Association (OTLA), and currently serves on the OTLA Board of Governors, and is an Eagle member of the Washington State Association for Justice.
Tom volunteers his time on the Board of Good Deeds, a Portland-based non-profit that financially assists families whose family member has incurred overwhelming medical expenses from a serious injury or medical condition. He serves on the Development Committee of Public Justice, a national non-profit legal advocacy organization. Tom also serves on the Board of the Academy of Truck Accident Attorneys, a national organization of truck litigation attorneys.
Tom is a member of the American Board of Trial Advocates (ABOTA), Tom D’Amore is a board-certified civil and trial attorney and board-certified truck accident law attorney certified by the National Board of Trial Advocacy. He is also a long-time AV Preeminent* rated attorney by his peers for ethics and ability.
Practice areas
Personal Injury - General: Plaintiff, Construction Litigation: Consumer, Civil Litigation: Plaintiff, Class Action/Mass Torts: Plaintiff, Personal Injury - Products: PlaintiffFocus areas
Class Actions, Motor Vehicle Accidents, Personal Injury - Plaintiff, Sexual Abuse - Plaintiff, Toxic Torts, Trucking Accidents, Wrongful Death
- 50% Personal Injury - General: Plaintiff
- 20% Construction Litigation: Consumer
- 10% Civil Litigation: Plaintiff
- 10% Class Action/Mass Torts: Plaintiff
- 10% Personal Injury - Products: Plaintiff
First Admitted: 1990, California
Professional Webpage: https://damorelaw.com/damoreteam/tom-damore/
Educational Background:
- University of Nevada, B.A. Political Science, B.S. Accounting, 1985
Videos:
- D'Amore Law Group, 2017
Bar/Professional Activity:
- OLA - Founder and Leader The objective of the OLA (OTLA Leadership Academy) is to identify potential leaders within OTLA, leaders that may have been reticent to come forward without this unique opportunity. Participants must be new lawyers with experience ranging from 0 to 10 years.The selection process focuses on many different skill sets and attributes – such as leadership experience, community involvement, commitment to OTLA and how the applicant will bring diversity to the leadership of OTLA., 2019
- American Association for Justice (AAJ) - Executive Committee, Budget Chair, 2023
- Tom serves on the Board of the Academy of Truck Accident Attorneys., 2023
- OLA - Founder and Leader The objective of the OLA (OTLA Leadership Academy) is to identify potential leaders within OTLA, leaders that may have been reticent to come forward without this unique opportunity. Participants must be new lawyers with experience ranging from 0 to 10 years.The selection process focuses on many different skill sets and attributes – such as leadership experience, community involvement, commitment to OTLA and how the applicant will bring diversity to the leadership of OTLA., 2023
- OLA - Founder and Leader The objective of the OLA (OTLA Leadership Academy) is to identify potential leaders within OTLA, leaders that may have been reticent to come forward without this unique opportunity. Participants must be new lawyers with experience ranging from 0 to 10 years.The selection process focuses on many different skill sets and attributes – such as leadership experience, community involvement, commitment to OTLA and how the applicant will bring diversity to the leadership of OTLA., 2022
- OLA - Founder and Leader The objective of the OLA (OTLA Leadership Academy) is to identify potential leaders within OTLA, leaders that may have been reticent to come forward without this unique opportunity. Participants must be new lawyers with experience ranging from 0 to 10 years.The selection process focuses on many different skill sets and attributes – such as leadership experience, community involvement, commitment to OTLA and how the applicant will bring diversity to the leadership of OTLA., 2021
- OLA - Founder and Leader The objective of the OLA (OTLA Leadership Academy) is to identify potential leaders within OTLA, leaders that may have been reticent to come forward without this unique opportunity. Participants must be new lawyers with experience ranging from 0 to 10 years.The selection process focuses on many different skill sets and attributes – such as leadership experience, community involvement, commitment to OTLA and how the applicant will bring diversity to the leadership of OTLA., 2017
- Tom serves on the Board of the Academy of Truck Accident Attorneys., 2019
- American Association for Justice (AAJ) - Executive Committee, Budget Chair, 2019
- Tom serves on the Board of Truck Accident Attorneys., 2020
- American Association for Justice (AAJ) - Executive Committee, Budget Chair.., 2020
- Academy of Truck Accident Attorneys, 2018
- California , 1990
- Past Chair, Motor Vehicles Accident Committee, American Association for Justice
- Oregon Law Institute, Board Member, 2011
- American Board of Trial Advocates
- Multnomah Bar Association
- National Board of Trial Advocacy, 1999
- Washington
- 2010-2011 President, Oregon Trial Lawyers Association (OTLA)
- Oregon State Bar: House of Delegates, Jury Instructions Committee
- Member, Budget Committee, American Association for Justice
- National Crime Victim Bar Association, 2011
- Pound Civil Justice Institute
- Oregon
- Board Member, Oregon Trial Lawyers Association (OTLA)
- Past Chair, Audit Committee, American Association for Justice
- Eagle Member, Washington State Association for Justice
- Clark County (WA) Bar Association
- Board of Governors, American Association for Justice
White Papers:
- Commercial and Semi Trucking Accidents: Seeking Financial Compensation after a Collision in Oregon or Washington, Commercial and Semi Trucking Accidents, Trucking, 2019
Honors/Awards:
- Honorable mention goes to lawyers from Gibson Dunn; Cravath; Quinn Emanuel, Dechert and plaintiffs lawyer Tom D'Amore., Runner up Litigator of the week - Law.com, https://www.law.com/litigationdaily/2020/05/01/and-the-lotw-runners-up-50/, 2020
- Given to an AAJ member who demonstrates leadership to the organization through consistent and constant attending and teaching through CLEs., Masters of Trial Law Diplomat & Champion, AAJ - Amereican Association for Justice, 2024
- UPDATE: Winner Selected as one of four parties for the SFTLA trial lawyer of the year award - 2020, Winner San Francisco Trial Lawyer of the year award, San Francisco Trial Lawyers Association, 2020
- Honorable mention goes to lawyers from Gibson Dunn; Cravath; Quinn Emanuel, Dechert and plaintiffs lawyer Tom D'Amore., Runner up Litigator of the week - Law.com, The AmLaw Ligation Daily, 2020
- The award annually recognizes "an individual or group who, throughout the previous year, strived to create a more just society through creative litigation and innovative work with the broader public interest community.", Arthur H. Bryant - Public Justice Award, 2016
- President, Oregon Trial Lawyers (OTLA), 2010
- Selected as a finalist for the Public Justice’s 2019 Trial Lawyer of the Year Award, Finalist for the Public Justice’s 2019 Trial Lawyer of the Year Award, 2019
- AV® Preeminent™, Martindale-Hubbell
Special Licenses/Certifications:
- He is a board-certified civil trial specialist with the National Board of Trial Advocacy (NBTA). Tom is also board-certified as a trucking litigation specialist by the NBTA. Tom serves on the Board of the Academy of Truck Accident Attorneys. , 2020
- Tom is a board-certified civil trial specialist with the National Board of Trial Advocacy (NBTA). Tom is also board-certified as a trucking litigation specialist by the NBTA. Tom serves on the Board of the Academy of Truck Accident Attorneys. , 2024
- Board-certified as a trucking litigation specialist by the National Board of Trial Advocacy (NBTA). Tom serves on the Board of the Academy of Truck Accident Attorneys. , 2019
- Board-certified civil trial specialist with the National Board of Trial Advocacy (NBTA). , 2020
- Board-certified civil trial specialist with the National Board of Trial Advocacy (NBTA). , 2019
- Certificate of Dispute Resolution, Pepperdine University School of Law
Scholarly Lectures/Writings:
- Presentation covered everything from defenses' tools used in discovery, depositions, and each step leading up to trial and what to expect once you get to trial. Their approach used with jury members, judges and with opposing counsel during the trial., Presenter, Overcoming Defense Tactics, ATAA Symposium (Austin, TX), 2021
- Topics Covered: * Understanding the Media Landscape * Benefits of Engaging with the Media * Cardinal Rule; - Do No Harm *Developing a Media Outreach Plan *Proactive vs. Reactive Approach * Handling Reporter Interactions * Preparing Plaintiffs for Interviews, Presenter, A Lawyer’s Guide to Dealing with Media, OTLA - Oregon Trial Lawyers Association, 2024
- Presented three key strategies to litigate complex trucking cases. The first was to get "real-world insight". This includes accessing tools like focus groups, mock trials, big data, and consultants. The second strategy was to make the "complex digestible". A number of tactics were provided on how to simplify things for the jury and judge. Some of these tactics are as follows: using animations/simulations, IT experts, getting expert writers, etc. The final strategy is to make sure you can "prove large damages". Several tactics were discussed including: anchor figures, storytelling, day in the life and more., Presenter, Strategies to Litigate Complex Trucking Cases, AAJ - Amereican Association for Justice, Trucking, 2024
- Presenting ways to ensure animations and simulations ARE admitted while simultaneously describing how best to challenge the defense from using these same visuals. Covered timing, rules, and tactics. Provided examples from successful use in cases., Presenter, Challenging Defense Crash Animation and Crash Simulations, ATAA, 2024
- Discuss the various avenues and entities involved in trucking insurance and how to best access them for your client., Presenter, Finding Insurance for your Trucking Client - EVERYWHERE, AAJ - Amereican Association for Justice, 2023
- Spoke to the 3 Primary Elements of a Trucking Case - they included: Case Evaluation, Liability, and Damages/Insurance Deep Dive on all of the above, Presenter, How to Win Big in Todays Complex Trucking Cases, OTLA - Oregon Trial Lawyers Association, Trucking, 2023
- A high-level overview of key marketing areas for a law firm. Discussion around advertising, target audience, differences between PR vs. advertising vs. messaging vs. brand marketing, and how all serve a different purpose. How to create a marketing budget. Goals of for different levels of a marketing budget - some have to-haves like a good website some vs some things to aspire to., Presenter, Marketing 101, OTLA - Oregon Trial Lawyers Association, 2022
- Working on developing opening statements, deposing expert witnesses, drafting closing arguments, questions for voire dire. Covering all the basics of an entire trial., Trainer/Presenter, ATAA (Academy of Truck Accident Attorneys) Boot Camp for New Lawyers, ATAA, Trukcing, 2022
- Focus was on all things Opioids - the basics of the epidemic - how the US got here. A timeline and history of the opioid epidemic. An outline of the key players (mfg/distributors, doctors, DEA, FDA, etc) and their role in the epidemic. The presentation covered the cost to society and how the settlement amount was determined and how it would be distributed. , Presenter, The Opioid Epidemic, WTLA, 2022
- The presentation covered many topics at a high level. Spent a lot of time on website development and SEO given this is how most consumers find their attorneys. It also spoke to the various types of advertising and their role in your practice - everything from networking to sponsorships to PR. Budgets and goals and maximizing those budgets at each step in the growth of your practice was also discussed., Presenter, Marketing 101, OTLA, 2022
- Presented on voire dire, opening and closing arguments, use of different types of mediums to present testimony and evidence to the jury., Presenter, Cutting Edge Jury Presentation: Road to $26.4M Verdict in a Conservative Jurisdiction, ATAA Webinar, 2021
- Spoke to tip/tricks and provided an outline of how to run an effective focus group. From 'clopenings' to how to find and pick the members of focus group. How to engage the members and narrow down your topics were the areas the audience was most interested in., Presenter, Focus Groups - Lessons Learned, WTLA - Summer Seminar, 2021
- YES NO ITEM 1. Is the proposed representation consistent with the lawyer’s mandatory ethical obligations? 2. Are the clients (and any nonclients ) clearly and expressly identified by name? 3. Are the matters on which the lawyer proposes to represent one or more clients clearly described? 4. Are any known or anticipated adverse parties clearly identified? 5. If consent is being sought because of work that the lawyer has previously done for others who will not be clients in the matter at hand (e.g., a lawyer who proposes to represent a plaintiff in personal injury litigation against a former client): a. Is that other work and the lawyer’s relationship to that client fairly and clearly described? b. Is the presence or absence of any interrelationship or connection between the proposed work and the previous work fairly and clearly described? c. Is the presence or absence of any risk of adverse disclosure of any confidential client information fairly and clearly described? d. Does the letter fairly and clearly discuss any potential limitations on the lawyer’s eagerness or zealousness because of the fact that a given lawyer or law firm will be acting for a current client and against a former client, albeit on unrelated matters? 6. If consent is being sought because the lawyer proposes to represent multiple plaintiffs or multiple defendants in a particular matter: a. Is this fact clearly stated? b. Are the potential effects of joint representation on attorney-client privilege fairly and clearly explained? c. If the lawyer’s willingness to proceed is based on assurances from the clients to the effect that there is no present or anticipated conflict between them, does the letter document all such assurances and call upon the client to inform the lawyer at once if the lawyer is mistaken in any respect? d. Does the letter fairly and clearly describe any risks that the interests of the multiple plaintiffs or defendants may diverge in the future? e. Does the letter fairly and clearly discuss any potential effects on the lawyer’s eagerness or zealousness because of the multiple representation? f. Does the letter fairly and clearly describe what the lawyer will or may do if the conflict escalates or turns into an actual (nonwaiveable) current client conflict? 7. Does the letter explain any potential for extra costs or fees if the lawyer is forced to withdraw in mid-matter? 8. Does the letter fairly and clearly discuss any other reasons known to the lawyer why the client might not wish to consent? 9. Does the letter state that the client should consider these matters for himself/herself because of the potential for conflict on the lawyer’s part? 10. Is the letter written in simple language rather than in legalese? 11. Does the letter state that the lawyer recommends that the client consult independent counsel prior to consenting? 12. Does the letter ask the clients to express their consent by signing an enclosed extra copy of the letter and returning it to the lawyer for the lawyer’s files? 13. When all is said and done, does the lawyer subjectively and reasonably believe that any clients whose consent is sought will understand both what is being requested and the nature of any potential pros and cons? 14. When all is said and done, does the lawyer subjectively and reasonably believe that what is being requested in the letter is both fair and consistent with each client’s interests? 15. Are letters being sent to all affected current clients? 16. Are there any former clients to whom disclosure and consent letters must be sent? 17. If any concerns remain, have you contacted the OSB General Counsel’s office for ethics advice?, Author, Litigation Practice Aids, OSB Professional Liability Fund, 2019
- What is a Reptile?The Reptile method taps into a jurors’ survival instinct by showing jurors how a verdict makes them and their community safer. Therefore, a verdict for the plaintiff is a verdict for the juror.Our Opponents "Hijacked the Reptile"Insurance Industry Corporations Pharmaceutical Industry The MediaAmericans have been taught, programmed, and indoctrinated to believe: Lawsuits Ruin Economy and Health Care System Lawsuits Suppress Development of New Products Lawsuits Endanger ReligionLawsuits Endanger ReligionIt goes like this: Plaintiff’s Lawyers donate money to get liberal politicians elected Who in turn appoint liberal judges Who in turn make rulings to take God out of public schools Force Evolution in public schools Permit Abortions Permit Gay Marriage, Presenter, Opening Statement: The Reptile Template, OTLA, 2016
- REPORTREMOVERESPONDREMOVE from PatientsThe standards that were violated by the hospital through Mr. Francis are: Medical Staff Bylaws, Article 16.1-1: Corrective Action Procedures. Whenever a practitioner with clinical membership and/or privileges engages in disruptive behavior, makes or exhibits acts, statements, demeanor or professional conduct and the same is or is reasonably likely to be detrimental to patient safety or to the delivery of quality patient care, corrective action may be initiated by any officer of the medical staff, by any clinical service chairman, by the chief executive officer or by the board.(Exhibit 48, page 7, Article 16.1-1) Medical Staff Bylaws, Article 16.2-1 Precautionary privilege withdrawal. With reference to Article 16.1-1, if the act(s), statement(s), demeanor or conduct of the practitioner is/are perceived to represent a clear and imminent threat by the president of the medical staff or the hospital chief executive officer or the designate of either, then each of these persons shall have the authority to impose a precautionary privilege withdrawal.Medical Staff Bylaws, Article 3.1-4 Attitude/Citizenship. (e) Disruptive behavior will not be tolerated. Members of the medical staff may be denied appointment or reappointment on the basis of disruptive behavior. Disruptive behavior alone is sufficient cause for denial of privileges or reappointment. … (Exhibit 48, p. 6, Article 3.1-4)Medical Staff Bylaws, Definitions: #14. Disruptive behavior. The following are examples of disruptive behavior and are listed here as our definition: …. Sexual harassment; … inappropriate touching of employees …, Presenter, How to Try a Case Agaisnt a Hospital That Conceals Sexual Abuse of Patients, OTLA, 2016
- Jurors Remember . . .10 percent of what they hear 20 percent of what they see 80 percent of what they see and hearJury Instructions - AnimationCommon Instruction – General ApproachCharts, summaries, diagrams, and animations have been used for the convenience of the witness to help illustrate the witness’ testimony. These charts, summaries, diagrams, and animations are offered to assist you in evaluating the witness’ testimony. Like the testimony of the witness, it may be accepted or rejected in whole or part. You have been shown a computer-animated visualization. This visualization is intended by the party presenting it to help you understand the testimony of the witness by illustrating that testimony visually. Like the testimony of the witness, it may be accepted or rejected in whole or in part.AdmissibilityFew Nevada CasesPeople v. Duenas, 55 Cal.4th 1 (2012) Criminal case, the DA’s expert used an animation to show how the defendant shot and killed the sheriff. Court found that the animation was admissibleAdmissability“[A] computer animation is not substantive evidence used to prove the facts of a case; rather it is demonstrative evidence used to help a jury to understand substantive evidence.” Duenas, 55 Cal.4th at 21., Presenter, Using Incident Reconstruction to Ensure the Jury Can Empathize with Your Client, Nevada Justice Association, 2017
- Presenting UM/UIM ClaimsUninsured – No insurance Underinsured – Not enough insurance Coverages are the same under that statute; Does not matter if it does not say UIM or UM; treated the same Self insured entities and governmental entities – rules apply just like private insurance Ajir caseUM/UIM Cases Arise FrequentlyUM/UIM mandatory in 21 states, plus D.C. Opt-out provisions Uninsured motorists, 12.6% nationallyOpt-out1.Talk about OR & WA- OR can reduce to statutory minimums – WA can eliminate coverage altogether (RCW §§ 48.22.030 – 48.22.040) 2.Tell your clients – No 3.Talk about Ajir case (ORS 742.500 to 742.504 and 806.070) – county was self-insured and did not proper election to reduce UM coverage; matched the liability limits of $500,000, Presenter, Uninsured and Underinsured Motorist Claims, OTLA, 2017
- Statutory Arbitration ProvisionORS 742.504(10) provides as follows: If any person making claim hereunder and the insurer does not agree that the person is legally entitled to recover damages from the owner or operator of an uninsured vehicle because of bodily injury to the insured, or does not agree as to the amount of payment that may be owing under this coverage, then, in the event the insured and the insurer elect by mutual agreement at the time of the dispute to settle the matter by arbitration, the arbitration shall take place as described in ORS 742.505. Any judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof, provided, however, that the costs to the insured of the arbitration proceeding do not exceed $100 and that all other costs of arbitration are borne by the insurer. “Costs” as used in this provision does not include attorney fees or expenses incurred in the production of evidence or witnesses or the making of transcripts of the arbitration proceedings. The person and the insurer each agree to consider themselves to be bound by any award made by the arbitrators pursuant to this coverage in the event of such election. At the election of the insured, the arbitration shall be held: (a) In the county and state of residence of the insured; (b) In the county and state where the insured’s cause of action against the uninsured motorist arose; or (c) At any other place mutually agreed upon by the insured and the insurer. Although several portions of the UIM statute were amended in 2016, the arbitration portion in ORS 742.504(10) was not changed. Scope of Arbitration Under the UIM statutory arbitration provision quoted in § 18.__, supra, two types of claims are expressly subject to arbitration: (1) claims in which the insurer and the insured do not agree that the insured is legally entitled to recover damages from an uninsured motorist because of bodily injury to the insured; and (2) claims in which the insured and the insurer do not agree on the amount of payment that may be owing under coverage. The statute does not expressly provide for the arbitration of other disputes arising out of a UM/UIM claim, such as coverage disputes or disputes over whether an insured has satisfied all of the conditions precedent to bringing a UM/UIM claim. These questions have come up frequently in other jurisdictions and there is no consistent rule. See, Annot, What Issues Are Arbitrable Under Arbitration Provision of Uninsured and Underinsured Motorist Insurance, 103 ALR 5TH 1 (2002). Oregon courts have not addressed this issue head on, but coverage issues were discussed in Brewer v. Allstate Insurance Co., 248 Or 558, 561–63, 436 P2d 547 (1968), and Fawver v. Allstate Ins. Co., 267 Or 292, 296, 516 P2d 743 (1973). In Brewer, the arbitrator denied UM recovery to the insured because the insured failed to prove that the tortfeasor was uninsured. Although an insured does not have the burden of proof in this situation, the court found that it could not review the basis for the arbitrator’s award. In Fawver, the plaintiffs in a UM arbitration claimed that the arbitrator exceeded his authority when he decided that the other car was not a phantom vehicle. The court held that the language of the UM coverage endorsement permitted the arbitrator to resolve this issue. In Edwards v. Hartford Insurance Co., 110 Or App 480, 823 P2d 439, rev. denied, 313 Or 210 (1992), the Oregon Court of Appeals held that when an arbitrator determined the applicable insurance policy limits as part of entering an uninsured motorist award, the decision was final and not subject to judicial review. The court relied on the Oregon Supreme Court’s decision in Brewer, 248 Or at 558. Binding Nature of Award; Litigation OptionsThe insured and insurer may elect binding arbitration by mutual agreement. If they do not agree, then the dispute can be resolved by litigation. In Carrier v. Hicks, 316 Or 341, 351–52, 851 P2d 581 (1993), the court ruled that the former Oregon UM statute was unenforceable to the extent that it purported to bind both parties in a UM/UIM arbitration that was not conducted ..., Author, Chapter 18: PIP/UM/UIM Coverage, ARD in Oregon, 2019
- Direct Examination of Lay Witnesses3 PsEach question should be to the point Elicit information that jurors needHelp witness get to a specific fact Who, What, Where, When, Why, HowInclude as many harms witnesses as liability witnesses Choose the Right First WitnessNo stake in the outcomeProvide a chronological overview of the eventDescribe the harmCross-examination Proof, Presenter, Direct Examination, OTLA Motor Vehicles, 2018
- You Must Prepare For Direct Examination3 Ps – Prepare You and Your WitnessGather All the FactsStrategize – Guts of Your CaseList and Organize Your ConclusionsSimplify – Cut, Cut, CutLet Us Show You 3 Concepts to Guide YouEstablish Your Legal Elements Through Witnesses and ExhibitsAnticipate and Undermine Your OppositionPersuade Jurors to Accept and Fight for Your ConclusionsPlaintiff Testimony GoalsEstablish Credibility and Authenticity Describe the Event and Harm Describe the Consequences of Defendant’s Act Anticipate and Undermine Defense Position, Presenter, Video Presentation: Direct Examination, Oregon Trial Advocacy College, 2018
- Focus GroupsUse focus groups to find weaknesses in caseStrategize how to handle weaknessesThis is the place to discuss client conduct, good and bad! Erikson case example “but she should have known! She was a nurse!” etc.DepositionsTeach Your Client How to Talk About His/Her Conduct Be short and sweetStick to factsStay calm , Presenter, How and When to Focus on Your Client's Conduct Versus the Defendant's Conduct, AAJ Winter Convention, 2018
- FALL IN LOVE WITH YOUR CASE AND CLIENT (and communicate it)Case Preparation(1)Choice of Law -Oregon Damage Caps -Parties from Far and Wide (2) Joint Liability (3) Contribution/Reallocation -Oregon Rule > 25% can reallocate 1 year after verdict (4) Defense Summary Judgment on Employee v. Independent Contractor -Implications for Punitive DamagesBring Events to Life with AnimationDemonstration v. Simulation Emphasized Lead Up to Crash Use of Sound Use Likenesses for Realism Transition to Actual PhotosGet the DataECM / GPS (“Black Box”) Zonar/Communication/Cell Phones Logbooks FMCSA/Volpe FOIA Documents Social Media, Presenter, Secrets to a $26.4 Million Dollar Verdict: 7 Tips to Make Your Case a Winner, Trials Guides Webinar, Medical Malpractice, Sexual Assault, Personal Injury, 2020
- Types of Bad Faith ActionsWhat we not talking about here 1st Party Bad Faith Very simple You or the insured are suing your insurance co. for bad faith Don’t have 1st party BF in Oregon 3rd Party Bad Faith Bad faith by Defendant’s insurer Bad faith against the defendant Don’t want to do those claims bc it does not feel right Attorney in underlying becomes WitnessCovenant of Good Faith and Fair DealingImplied in every insurance contract-Look at you State Law -Oregon – Standard of Proof (post-assignment) -Test is not egregious conduct - Did the Insurer act reasonably toward at fault party? Example – truck, single car roll over, represent passenger that was rendered a full quadriplegic -family notified us right away, $25k P -rep letter to insurer -demand that they tender (affirmative) -tough guy adjuster – no policy limit, no tender -sue for excess , Presenter, Fighting the Float: Using the Bad Faith of the Insurance Company to Benefit Your Client, WTLA Ski Seminar, 2019
- "The rules provide an anchor for jurors through the storm of legal and factual complexity. Rules tellthe jurors what the case is really about and what they have come to the courtroom to decide:Who broke the rules? If the jurors know and adopt the rules, the plaintiff attorney is on the roadto victory.The value of a “rules of the road” based strategy is also explored in books by juryconsultant David Ball and trial lawyer Don Keenan,2 books which are also “must reads” forevery trial lawyer. In Reptile, Ball and Keenan explore how a rules-based case resonates with ajuror’s sense of self-protection, inspiring a desire to protect the community. People who breakthese rules threaten the community. By stating the case in terms of rules, you empower the juryto protect their community. This is vital, because if this case is simply about the private litigants,then the plaintiff loses. When a case is presented using the clarity of rules, the case becomesabout more than just two parties: a well-crafted rule makes the case more about the community.This chapter identifies sources for rules in the context of motor vehicle litigation andillustrates the requirements for an effective rule. This chapter also discusses using the rules in allaspects of a case from the complaint, through discovery, in voir dire, presentation of evidence,and summation. Finally, this chapter identifies some alternative sources of rules in truckingaccident cases, as well as discusses differences between wrecks involving private passengervehicles and motor vehicle collision cases involving commercial trucks.", Author, Chapter 3: Rules of the Road for MVC Cases, OTLA Automobile Litigation Deskbook, 2020
- Mary Carter Agreement(1)Added De Facto Co-Counsel (2)Took Away Allocation (3)Added a Second StorylineRestatement (Second) of Tort(Illustration of "Acting in Concert") “A and B are driving automobiles on the public highway. A attempts to pass B. B speeds up his car to prevent A from passing. A continues in his attempt and the result is a race for a mile down the highway, with the two cars abreast and both traveling at dangerous speed. At the end of the mile, A’s car collides with a car driven by C and C suffers harm. Both A and B are subject to liability to C.” , Presenter, Turning a $200K “Final Offer” into a $27M Unanimous Verdict – Wrongful Death, CLE, 2020
- PPP Program I & IILoan or Grant? Based on Payroll Plus: Other Costs New PPP $320 Billion Estimates say will be used up in 10 daysYour Loan AmountPayroll + Rent/Lease or Mortgage Interest Payments Utilities 401K Payments Health Insurance Certain Payroll Taxes, Presenter, Small Business Association: Paycheck Protection Program, OTLA Webinar, 2020
- Mary Carter Agreement? Name derives from a partial settlement that was entered into by 1 defendant out of many in Booth v. Mary Carter Paint Co., 202 So.2d 8 (Fla. Dist. Ct. App. 1967) Since then, multi-party tort litigation has spawned a variety of partial settlement structuresTrue Mary Carter Agreement:4 Elements1.the agreement is secret2.the settling defendant agrees to remain in the case3.the plaintiff is guaranteed a certain amount of damages 4.the settling defendant gains a financial incentive in the outcome Goals are to limit costs, fix damages & reduce complexity for the settling parties, Presenter, 10-4 Good Buddy: Using Mary Carter Agreements in Trucking Cases, WTLA Ski Seminar, 2020
- Coming , Presenter, Cutting Edge Jury Presentations: Road to $26.4 million Verdict, ATAA Virtual Symposium, Trucking Accidents, Personal Injury, 2020
- It’s Discovery Right? Well?Most Important - Use deposition for evidence at trial Favorable v. Unfavorable WitnessDirect exam Evidence Obtain admissions from a witnessSolidify a witness’s account of eventsPerpetuate testimony of a witnessLearn information you do not already knowWhat are your To Dos – YOU and CLIENT/W?Focus GroupsDevelop your case themesResearch your witnessesIdentify key documents - Pre-mark the exhibitsCreate an outline - Determine your approachArrange the logistics – Now Virtual DepositionsThe Goal of the Mousetrap Technique(Phil Miller and Paul Scopter) The goal of the mousetrap is to get the witness to personally commit to a position that is the beginning of a long slippery slope including a possible admission that the conduct is both negligent and reckless. Technique:Don’t Talk about “this” case (Sometimes forget)Use rear end car crash, Presenter, Depositions and Cross Examination, OSB Workers’ Compensation Virtual, 2020
- [Civil Litigation] [General Litigation] [Q&A] Litigation Overview (WA) Court System StructureCurrent as of: 1/13/2020What is the Structure of the Court System for Civil Matters in the Jurisdiction? The Trial CourtsThere are two levels of trial courts in the Washington state court system: Superior courts Courts of limited jurisdiction, which include district courts and municipal courts The Washington state court system is summarized below. For more detailed discussion, see Court System Overview (WA). [ADD LINK] Superior CourtsSuperior courts in Washington are grouped into districts. There are 30 superior court districts. Most superior court districts in Washington consist of a single county. However, several of Washington's less populous counties are served by multi-county superior court districts. While courthouses are located in each county of these districts, superior court administration is consolidated for these districts. The following counties are served by multi-county superior court districts: Benton and Franklin Columbia, Garfield, and Asotin Ferry, Stevens, and Pend Oreille Pacific and Wahkiakum Skamania and Klickitat See Rev. Code Wash. §§ 2.08.060–2.08.065; http://www.courts.wa.gov/newsinfo/resources/?fa=newsinfo_jury.display&altMenu=Citi&folderID=jury_guide&fileID=superior. Courts of Limited JurisdictionCourts of limited jurisdiction include district courts and municipal courts. See Rev. Code Wash. § 3.02.010. District courts are county-level courts and serve defined territories, both incorporated and unincorporated, within a given county. District court districts in a given county may be created by the county governing body pursuant to a “districting plan” procedure specified by statute. See generally Rev. Code Wash. § 3.38.010 et seq. Municipal courts may be formed by cities and towns (with a population of less than 400,000) under a specified statutory procedure. See generally Rev. Code Wash. § 3.50.003 et seq. Municipal court jurisdiction is limited to traffic infractions and criminal misdemeanors arising out of the violation of municipal ordinances. See Rev. Code Wash. § 3.50.020. Municipal courts have no jurisdiction over civil actions. The Appellate Courts, and Which Courts Each Hears Appeals FromThere are three levels of appellate courts in Washington: Superior court Court of appeals Supreme court Superior CourtThe superior courts hear appeals from the decisions of courts of limited jurisdiction. See Rev. Code Wash. § 2.08.020; Wash. RALJ 1.1, 2.2. A party appealing a final judgment of a court of limited jurisdiction must seek review in the superior court for the county in which that court of limited jurisdiction is located. Wash. RALJ 2.3(a)., Author, LexisNexis Civil Litigation Oregon Q&A, 2020
Other Outstanding Achievements:
- AAJ Centum Gratias Award - given for contributions to AAJ., 2023
- AAJ Centum Gratias Award - given for contributions to AAJ...., 2024
- Richard D. Hailey Distinguished Service Award presented by the American Association for Justice (AAJ), 2023
- David S. Shrager President's Award presented by the American Association for Justice (AAJ). The award recognizes an AAJ member who had demonstrated former AAJ president David Shrager's passion for the law and trial bar and who has made an outstanding contribution to civil justica and the work of AAJ. , 2023
- American Association for Justice - Distinguished Service Award, 2022
- American Association for Justice - Above and Beyond Award , 2021
- The Above and Beyond Award from the American Association for Justice (AAJ), 2015
Pro bono/Community Service:
- Rose Haven's vision is a community where everyone has safety, stability, love, health, and home. Their mission is to provide day shelter, resources, emotional support, and community connections to women, children, and marginalized genders experiencing homelessness and poverty. D'Amore Law Group supports this group with volunteerism and financial support., 2024
- Lake Oswego Chamber of Commerce - board member & finance chair., 2024
- Good Deeds Board of Directors At Good Deeds our mission is to provide assistance to families with special medical circumstances. The assistance we deliver is focused to benefit the family as a whole, and is specific to the unique and individual needs of that family, in that set of circumstances., 2024
- Lake Oswego Leadership - Community Service, 2020
- Good Deeds Board of Directors At Good Deeds our mission is to provide assistance to families with special medical circumstances. The assistance we deliver is focused to benefit the family as a whole, and is specific to the unique and individual needs of that family, in that set of circumstances., 2023
- Lake Oswego Leadership - Board Member - Community Service, 2023
- Lutheran Community Services (LCS) Northwest - Refugee Program - Adopt a Family, 2023
- Lutheran Community Services (LCS) Northwest - Refugee Program - Adopt a Family, 2022
- Lutheran Community Services (LCS) Northwest - Refugee Program - Adopt a Family, 2021
- Lutheran Community Services (LCS) Northwest - Refugee Program - Adopt a Family, 2020
- Lutheran Community Services (LCS) Northwest - Refugee Program - Adopt a Family, 2019
- Lake Oswego Chamber of Commerce - Finance Committee , 2021
- Lake Oswego Chamber of Commerce - Finance Committee, 2022
- Lutheran Community Services (LCS) Northwest - Refugee Program - Adopt a family , 2014
- Oregon Food Bank - volunteers, 2018
- Oregon Food Bank - volunteeers, 2017
- Sponsored a food and fund Drive with Lift Up Portland whose mission is to reduce hunger and improve the lives of low-income residents of Northwest and Downtown Portland., 2020
- Lutheran Community Services (LCS) Northwest - Refugee Program - Adopt a family , 2018
- Lutheran Community Services (LCS) Northwest - Refugee Program - Adopt a family , 2015
- Lutheran Community Services (LCS) Northwest - Refugee Program - Adopt a family , 2016
- Lutheran Community Services (LCS) Northwest - Refugee Program - Adopt a family , 2017
- Lutheran Community Services (LCS) Northwest - Refugee Program - Adopt a family , 2019
- Lutheran Community Services (LCS) Northwest - Refugee Program - Adopt a family , 2020
- Good Deeds Board of Directors At Good Deeds our mission is to provide assistance to families with special medical circumstances. The assistance we deliver is focused to benefit the family as a whole, and is specific to the unique and individual needs of that family, in that set of circumstances., 2017
- Good Deeds Board of Directors At Good Deeds our mission is to provide assistance to families with special medical circumstances. The assistance we deliver is focused to benefit the family as a whole, and is specific to the unique and individual needs of that family, in that set of circumstances., 2016
- Good Deeds Board of Directors At Good Deeds our mission is to provide assistance to families with special medical circumstances. The assistance we deliver is focused to benefit the family as a whole, and is specific to the unique and individual needs of that family, in that set of circumstances., 2019
- Good Deeds Board of Directors At Good Deeds our mission is to provide assistance to families with special medical circumstances. The assistance we deliver is focused to benefit the family as a whole, and is specific to the unique and individual needs of that family, in that set of circumstances., 2018
- Good Deeds, Board of Directors- At Good Deeds our mission is to provide assistance to families with special medical circumstances. The assistance we deliver is focused to benefit the family as a whole, and is specific to the unique and individual needs of that family, in that set of circumstances., 2020
Verdicts/Settlements (Case Results):
- Settlement - $875,000 John Doe and his niece were badly injured after being hit by a semi-truck in the Nevada Dessert during a cross-country move from Oregon. Mr. Doe passed away as a direct result of complications from these injuries. D'Amore Law Group settled with the at-fault trucking company for their insurance policy limits, which included $875,000 for Mr. Doe’s Estate. This case was venued in Sutter County, California where the trucking company was located., 2024
- Elderly woman struck by shopping cart, causing unusual heart damage. Resulting in $500K settlement., 2021
- Represented the vast majority of local Oregon Governments/Counties that filed lawsuits against the primary distributors that flooded the United States and Oregon with Opioids. The distributors’ conduct caused the opioid epidemic in this country. Resulting in the recovery of approximately $239 million dollars for Oregon local governments. Payments will be made for attorney's fees over the next 18 years. The amount will vary (and increase) as more defendants are named., 2024
- Young man suffered catastrophic injuries when he dove into a pool that he thought was the deep end, but it was a non-standard pool and there was no signage indicating otherwise and very poor lighting in the pool area. The pool was in fact shallow at both ends. The young man’s head and face struck the bottom of the pool, and he was catastrophically injured. He suffered traumatic injuries to his vertebrae at C3-C6 and was rendered an A-5 Quadriplegic. The case resolved for $7,500,000., 2022
- A 25-year-old woman was nearly killed and catastrophically injured, when an extremely intoxicated driver leaving a bar and company party, drove up onto a sidewalk struck and crushed the 25-year-old woman. She suffered horrific full body and facial injuries, including loss of an eye and several permanent injuries. D’Amore Law Group filed a lawsuit against the driver, the bar, and the company sponsored party. D’Amore resolved the claim on behalf of the young woman for $8.5 million dollars., 2022
- An 80-year-old man was traveling as a passenger in a work van. His driver pulled out in front of a speeding car and the car crashed into the side of the van. The impact caused the van to tip over on its side and catch fire. The man was pulled from the van but suffered traumatic and catastrophic injuries including broken vertebrae requiring surgery, multiple ischemic strokes, and brain hemorrhage. D’Amore filed a lawsuit against both drivers and resolved the case for $4,025,000 dollars., 2022
- D’Amore represents several individuals that were sexually abused by a company manager and supervisor. The claims brought were for repeated sexual abuse, sexual harassment, and constructive discharge. The claims were resolved for several millions of dollars and agreement to put policies in place to prevent future abuse at the company.Case resolved for $3,250,000., 2022
- A deranged man used his full-size pickup truck to run down and kill an elderly couple as they walked together in an RV Park. The driver struck the husband and ran over his body with the front and back wheels. Next the driver struck and traumatically injured the wife and fled the scene. The husband died at the scene; his wife survived for 21 days before succumbing to her traumatic injuries. D'Amore and the two sons brought claims against several insurance companies and resolved the case for $2,520,000 million dollars., 2022
- Coastal Oregon bar overserved patron and while clearly intoxicated patron leaves bar and then drives and catastrophically injures a pedestrian. Case settles for $1,000,0025., 2022
- Business owner installed defective battery, which caused an explosion that seriously damaged the face and eyes of electrical worker. Case settled for $925,000., 2022
- Truck traveling at excessive speed strikes 16-year-old pedestrian causing catastrophic injury. Case settles for $675,000., 2022
- Woman presents at ER with an intense headache. She was given a blood patch, doctor presumed her symptoms were a reaction to her epidural. She was discharged with 6 oxycodone and no imaging done. She suffered a stroke the next day. Imaging was taken and showed a small vessel bleed. She died 7 days later. Case resolved for $750,000., 2022
- Cyclist struck by a truck incurring catastrophic injuries, which eventually led to his death. Case resulted in $678,000 settlement., 2022
- Woman went into a clinic for a minor procedure, was anesthetized and sexually assaulted while unconscious. Case resolved for $500,000., 2022
- Truck driven by intoxicated driver strikes pedestrian causing life long catastrophic injuries. Case resolved for $3,250,000., 2021
- Freeway construction worker was severely injured when he and his co- worker were struck from behind by a large delivery truck that was out of control. His co-worker died at the scene. Case resolved for $1,457, 500. , 2021
- Man killed in catastrophic motor vehicle accident. Case resolved for $768,663., 2021
- Woman misdiagnosed with cervical cancer and was forced to have a hysterectomy. However, the diagnosis was incorrect. She did not have cancer. Case was resolved for undisclosed amount, 2021
- Contractor failed to adequately secure construction site causing worker to fall through a hole in metal flooring. Case resolved for $600,000., 2021
- $1.2 million arbitration award against a drunk truck driver for hitting a high school student as he walked home from school., 2020
- $500,000 policy limits settlement in wrongful death case when the brakes locked on an improperly maintained garbage truck causing the truck to flip on its side, slide into a large tree, and crush the driver. , 2020
- $1.457 million settlement for highway construction worker struck by company delivery truck causing serious injuries., 2020
- $2.550 million settlement for the death of a pedestrian struck by a drunk driver, who had been drinking at two separate bars prior to the accident., 2020
- $26.4 million dollar verdict-Trucking litigation , 2019
- $3 million dollar result when crane caused a structure to collapse causing serious injury.
- $4.07 million dollar settlement for catastrophic injuries due to a rollovoer accident.
- $3.65 million dollar settlement awarded for failure to diagnose
- Confidential settlement for an elderly woman in a nursing home that was dropped to the floor, fracturing both of her femur bones.
- $950 thousand dollar jury verdict for a woman that was sexually abused by her doctor while under anesthesia during a routine operation.
- $1.7 million dollar settlement for insurance bad faith result for a woman who was seriously injured when a car driven by another woman under the influence of prescription medication crossed over the center line causing a head-on collision. The insurance company paid $1.6 million in excess of insurance policy limits.
- $1.4 million dollar settlement result for a man who was crushed when an 18-wheeler took a turn too fast and the trailer flipped over on to the man's truck.
- $1.9 million dollar settlement result for environmental worker seriously injured when flooring of a water tower collapsed, causing the man to fall 47 feet.
- $2.5 million settlement result for the wrongful death of a young mother involving a tire failure., 2018
- $1 Million settlement on behalf of a woman seriously injured in a collision with a dump truck
- $2 Million dollar settlement against a trucking company on behalf of an Oregon woman whose husband was killed when he was rear-ended by an 18 wheeler
- $1.05 Million settlement on behalf of a construction worker severely injured on a job site
- Confidential settlement on behalf of a patient whose eye muscle was severed during routine sinus surgery
- $750-thousand dollar settlement on behalf of a driver who sustained a back injury in a rear-end collision
- $750-thousand dollar settlement on behalf of a child, run over by a parade-float trailer
- $1 million dollar result on behalf of a pedestrian struck by a truck in Tualatin, Oregon, 2012
- $750-thousand dollar settlement on behalf of a driver who sustained back injury in a rear-end collision
- $1.25 million dollar result for a permanently injured man and his family after he was crushed by a truck trailer
- Confidential, wrongful death settlement on behalf of a woman who died in a dialysis facility due to medical negligence
- Confidential settlement on behalf of a woman seriously injured as a result of a wrongly filled prescription
- Confidential settlement on behalf of a woman, seriously injured in a fall in an unlit area without adequate lighting or signage
- $1.8 Million settlement on behalf of a construction worker severely injured on a construction site
- $1.15 million dollar settlement for worker who sustained catastrophic injuries in an unsafe workplace, 2013
- $900-thousand dollar settlement on behalf of the family of a teenager, killed in a head-on auto accident
- Confidential, wrongful death settlement on behalf of an elderly patient who died at a nursing home due to negligence
Industry Groups:
- American Association For Justice
- AMERICAN BOARD OF TRIAL ADVOCATES
- Multnomah Bar Association
- National Board Of Trial Advocacy
- National Crime Victims Bar Association
- Oregon Trial Lawyers Association
- Pound Civil Service Institute
- Washington Association For Justice
Selections
16 Years Super Lawyers
- Super Lawyers: 2006, 2010 - 2024
Top Lists
Top 50: Oregon Super Lawyers: 2014 - 2016, 2019 - 2024- Top 50: 2024 Oregon Super Lawyers
- Top 50: 2023 Oregon Super Lawyers
- Top 50: 2022 Oregon Super Lawyers
- Top 50: 2021 Oregon Super Lawyers
- Top 50: 2020 Oregon Super Lawyers
- Top 50: 2019 Oregon Super Lawyers
- Top 50: 2016 Oregon Super Lawyers
- Top 50: 2015 Oregon Super Lawyers
- Top 50: 2014 Oregon Super Lawyers
