APPELLATE CASES HANDLED BY
MEMBERS OF THE RICKLES LAW FIRM

Stephen P. Rickles:

Wheeler v. Rocky Mtn. Fire & Casualty Co., 124 Wn.App. 868, 103 P.3d 240 (2004); Lead trial and appellate attorney for the defendant following a summary judgment award in its favor by the trial court. Trial court denied coverage for injured claimant who claimed to be covered for UIM purposes as a “foster child” after turning 18 just days before the accident. The Court of Appeals decision was unanimous as to all bases of appeal raised by the plaintiff and opposed by the defendant.

Piskorski v. Ron Tonkin Toyota, Inc., 179 Or.App. 713, 41 P.3d 1088 (2002); Trial attorney and appellate argument for the defendant in successful summary judgment motion eliminating all claims against the dealership for negligent entrustment and respondeat superior liability in tort claims against it.

Davis v. U.S. Employers Council, Inc., 147 Or.App. 164, 934 P.2d 1143 (1997), rev den 325 Or. 368 (1997); Lead trial attorney, assisted with the briefs and handled appellate oral argument, successfully eliminating all claims brought by employee against the automobile dealership employer for claims of intentional injury allegedly outside the scope of workers’ compensation immunity involving permanent brain damage due to inhalation of paint fumes by plaintiff.

Progressive Specialty Insurance Co. v. Carter, 126 Or.App. 236, 868 P.2d 32 (1994); Trial attorney and appellate oral argument for defendant insurer in claim brought by co-insurer to rescind policy based on alleged misrepresentations made by insured and agent.

Fields v. Jantec, Inc., 115 Or.App. 350, 839 P.2d 723 (1992); Handled trial duties, assisted in preparation of briefs, and handled oral advocacy on behalf of a corporate defendant in an action by former employee on product liability and negligence claims for the loss of her hand in a grinding machine.

Clackamas Town Center Associates v. Jandel Foods, Inc., 88 Or.App. 72, 744 P.2d 280 (1987); Served as trial attorney, assisted on the briefs, and handled oral advocacy on behalf of plaintiff shopping mall in action against tenant for Forcible Ejectment and Detainer action.

Martin W. Jaqua:

Fredericks v. Universal Underwriters Ins. Co., 140 Or.App. 269, 915 P.2d 472 (1996); Wrote and argued motions for summary judgment, and wrote appellate briefs for defendant insurer in coverage dispute arising from UTPA and tort claims against automobile dealer.

Mauri v. Smith, et al., 135 Or.App. 662, 901 P.2d 247 (1995); Wrote trial and appellate briefs for process server defendants in invasion of privacy, emotional distress, assault and battery, and civil rights claims against process server and police officers.

St. Paul Guardian Ins. Co. v. Old Republic Ins. Co., et al., 47 F.3d 1176 (table), 1995 WL 72304 (9th Cir., 1995); Assisted in writing trial court briefs and wrote appellate brief on behalf of plaintiff insurer in declaratory judgment action arising from multiple-fatality aircraft accident and resulting claims against insured. The trial court granted and the Ninth Circuit affirmed summary judgment in favor of plaintiff insurer based on exclusion in homeowners’ policy.

Shiel v. Breuer, 130 Or.App. 87, 880 P.2d 500 (1994); Wrote briefs and argued appeal from dismissal of suit for breach of marital property settlement agreement.

Progressive Specialty Ins. Co. v. Carter, et al., 126 Or.App. 236, 868 P.2d 32 (1994); Wrote appellate briefs for defendant insurer in claim brought by co-insurer to rescind policy based on misrepresentations allegedly made by insured and agent.

Biomass One, L.P., et al. v. S-P Construction, et al., 120 Or.App. 194, 852 P.2d 847 and 120 Or.App. 203, 852 P.2d 844 (1993); Wrote appellate briefs in both cases and argued one of two related cases resulting in successful appeal of summary judgments on third-party claims brought by defendant architects and engineers against suppliers of component systems of wood waste-burning electrical generation plant.

Richlick v. Relco Equipment, Inc., 120 Or. 81, 852 P.2d 240 (1993); Lead defense trial and appellate attorney in personal injury claim against lessor of industrial railroad locomotive, in which summary judgment for defendant was affirmed on appeal.

Ho v. Presbyterian Church of Laurelhurst, 116 Or.App. 115, 840 P.2d 1340 (1992); Assisted in writing briefs for real property vendor in successful appeal and reversal of judgment for purchaser following declaration of forfeiture.

Scott v. Francis, et al., 314 Or. 329, 838 P.2d 596 (1992); Assisted in writing briefs and petition for review in common-law indemnity and related claims between attorneys following settlement of legal malpractice claims.

Barnard v. Lannan, 112 Or.App. 625, 829 P.2d 723 (1992); Assisted in writing trial court motions and appellate briefs in defense of attorney malpractice claim in which summary judgment for attorney was affirmed on appeal.

St. Paul Fire and Marine Ins. Co. v. Continental Casualty Co., 112 Or.App. 209, 827 P.2d 1366 (1992); Wrote briefs and argued case for plaintiff in claim for co-insurer contribution following settlement of medical practice action.

Lehr, et al. v. Northwest Jeep, Inc., 223 Or.App. 495 (2008); Court confirmed summary judgment order obtained for defendant on claims for past wages and breach of contract.

Cases Affirmed Without Opinion:

Morgan v. Housing Authority of Jackson County, 199 Or.App. 416, 112 P.3d 1203 (Table) (2005); Wrote responding brief and argued case for defendant on premises liability claim. Court of Appeals affirmed summary judgment.

Patricia L. Lowers v. Vogel, et al., 142 Or.App. 595, 922 P.2d 729 (1996); Wrote briefs and argued case for appellants in proceeding to amend or vacate a judgment in a quiet title/boundary dispute suit.

Rosemary K. Covington v. Employment Department and Damerow Ford Co., 137 Or.App. 351, 904 P.2d 661 (1995); Wrote briefs and argued case for employer/respondent in appeal from decision in favor of employer by Employment Appeals Board in claim for unemployment benefits.

Roy B. Thompson v. Eagle Industries, et al., 126 Or.App. 174, 868 P.2d 40 (1994); Lead trial and appellate attorney for attorneys and their clients in breach of contract, abuse of process, fraud, and malicious prosecution claim brought by clients’ former attorney. Summary judgment for defendants affirmed on appeal.