Professional Background
Dylan is an experienced trial lawyer and has tried numerous cases to verdict in Oregon and Washington. Dylan also has years of experience arbitrating personal injury and construction defect cases throughout Oregon and Washington. In both trials and arbitrations, Dylan has obtained successful results for his clients, including defense verdicts. Dylan also has experience trying criminal misdemeanor cases while volunteering at the Multnomah County District Attorney's Office. Dylan has also obtained successful results for his clients through dispositive motions at the trial court level and through appeals at the Oregon Court of Appeals.
Prior to working at the Barger Law Group, Dylan worked for many years at a large Portland insurance defense firm where he maintained a similar litigation practice. Dylan also had prior experience in a small Portland business litigation firm. While at law school, Dylan was the Operations Editor for the Oregon Law Review and clerked for the Oregon Department of Justice.
Significant Representation
The majority of Dylan's practice focuses on the representation of insurance companies, their insureds and self-insured companies in defense of personal injury cases ranging from automobile accidents to premises liability claims. Dylan has represented a national rental car company and its drivers in claims and lawsuits filed in Oregon and Washington. Dylan has also represented a large national retail chain in defense of premises liability claims.
Dylan represented a defendant in a recent trial in Clark County, Washington, arising out of an automobile collision that occurred on Interstate 5. As traffic was slowing down on the freeway, Defendant swerved her SUV, but hit the back right corner of Plaintiff's smaller car. The impact caused substantial damage to Plaintiff's car and caused it to hit the center median. Several seconds later Plaintiff's car was hit by a car driven by an uninsured motorist. Plaintiff sued his UM carrier and Defendant. Plaintiff settled his claim with his UM carrier and proceeded to trial against the Defendant only. At trial, Plaintiff claimed a permanent injury to his S1 nerve root and ongoing symptoms in his low back and left leg. In closing, Plaintiff's counsel asked for $28,000 in past medical expenses, $50,000 in future medical expenses, and between $169,000 and $227,000 in general damages. After a four day trial, the jury determined that the uninsured motorist, and not the Defendant, was negligent and returned a defense verdict.
Dylan represented a defendant at trial in a personal injury action in Clark County, Washington, arising out of a rear-end automobile collision that occurred in Vancouver, Washington. At trial, Plaintiff claimed that she was permanently injured and had complex regional pain syndrome as a result of the accident. Plaintiff's counsel asked the jury for over $21,000 in past medical expenses, $120,000 in future medical expenses, and an unspecified amount of general damages for the remainder of plaintiff's 41 years of life expectancy. After a three day trial, the jury returned a verdict of $7,500 in past medical expenses, $0 in future medical expenses, and $8,000 in general damages.
Dylan represented a defendant at trial in a personal injury action in Yamhill County, Oregon, arising out of a rear-end collision that occurred in Newberg, Oregon. The plaintiff was previously successful at an arbitration and was awarded the full amount of her requested non-economic damages, along with attorney fees pursuant to ORS 20.080. Defendant filed a de novo appeal. After a two day jury trial, the jury awarded Plaintiff $3,500 in non-economic damages. The verdict was lower than Defendant's pre-suit offer and therefore Plaintiff was not entitled to attorney fees.
Dylan represented a defendant at trial in a recent personal injury action in Multnomah County arising out of a rear-end automobile accident. The plaintiff had previously been successful in her ORS 20.080 claim against the defendant at arbitration. The arbitrator also awarded plaintiff her attorney fees. Defendant filed a de novo appeal. After a two-day jury trial, the jury came back with an award of $0 for Plaintiff.
Dylan represented a defendant at trial in a recent personal injury action filed by two plaintiffs in Washington County arising out of automobile collision where defendant T-boned the plaintiffs' vehicle. Both plaintiffs had previously been successful in a mandatory arbitration. Defendant filed a de novo appeal in both cases. At trial, both plaintiffs claimed permanent injuries to their heads, necks, backs, shoulders, and hips. In closing, plaintiffs' counsel asked for $8,202.83 in medical expenses, $260 in lost wages and $25,000 in non-economic damages for the driver and $7,217.49 in medical expenses, $180 in lost wages and $25,000 in non-economic damages for the passenger. After a three-day jury trial, the jury awarded the driver $5,119.66 in medical expenses, $260 in lost wages and $1,600 in non-economic damages. The jury awarded the passenger $4,006.49 in medical expenses, $180 in lost wages, and $1,600 in non-economic damages. After reduction for PIP payments, the plaintiffs' judgments were reduced to $2,601.88 and $2,138.44. Defendant also beat both offers to allow served on plaintiffs after the arbitration, greatly limiting the amount of costs plaintiffs could recover.
Dylan represented a defendant at trial in a recent personal injury action in Washington County arising from a rear-end automobile collision. At trial, Plaintiff was seeking recovery of $11,039.75 in past medical expenses, $3,000 in future medical expenses, $45,500 in lost wages/loss of earning capacity and $75,000 in non-economic damages. The plaintiff claimed chronic injuries to her neck and back. After a two-day jury trial, the jury awarded plaintiff $11,039.75 in past medical expenses, $400 in lost wages, $0 in future medical expenses, and $0 in non-economic damages.
Dylan represented a truck-container service facility in a lawsuit filed by a commercial semi-truck driver who was seeking $575,000 in compensation for his injuries, including a wrist surgery. The plaintiff alleged that the defendant was negligent in failing to properly secure and load the container, failing to inspect the loaded container for improper loading, failing to warn the plaintiff the container was improperly loaded, and providing a container that was improperly loaded in a dangerous and defective manner for transport. Dylan filed a summary judgment motion. Despite the fact that the plaintiff filed an ORCP 47E attorney affidavit stating he had an expert to testify the defendant was negligent, the trial court granted the defendant's motion for summary judgment and dismissed the case days before trial was scheduled to start.
Education
University of Oregon School of Law
J.D., 2002
Western Washington University
B.A., Economics, cum laude, June 1999
Bar Admissions
Oregon
Washington
United States District Court for the District of Oregon
Professional Certifications and Organizations
Member, Oregon State Bar Association
Member, Washington State Bar Association
Member, Multnomah County Bar Association
Member, Clark County Bar Association
Member, Oregon Association of Defense Counsel
Member, Washington Defense Trial Lawyers
Member, Oregon Casualty Adjusters Association
Super Lawyers, Oregon, Rising Star 2013, 2014
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