Kristin is an experienced trial attorney who has tried cases throughout the state of Oregon. She practices personal injury and business and commercial litigation. Kristin brings lawsuits on behalf of injured persons, and she also defends lawsuits on behalf of individuals and companies. She is admitted to practice in Oregon and Washington.
Kristin has experience with:
- A wide variety of personal injury matters, including catastrophic injury; wrongful death; trucking accidents; and product liability.
- Civil cases involving sexual abuse; sex trafficking; and crime victims.
- Professional liability cases.
- Business, contract and commercial litigation, including breach of contract; timber trespass; noncompete agreements; trade secrets; piercing the corporate veil; and fraud cases. Kristin also has experience bringing, and defending against, motions for preliminary injunction.
- While representing a victim of sexual assault in a case against a fitness club, Kristin won a motion to compel documentation concerning the Oregon Board of Massage Therapists' investigation into the assault on her client. This documentation was being withheld by the defendant massage therapist, who alleged that it was confidential and not subject to discovery. Freifeld v. Leisure Sports, Inc., et al., Washington County Case No. 18CV12178 (November 9, 2018).
- While representing a victim of sexual assault in a case against a fitness club, Kristin successfully defeated a motion to strike allegations in the lawsuit regarding a previous sexual assault victim at the same location. Freifeld v. Leisure Sports, Inc., et al., Washington County Case No. 18CV12178 (September 10, 2018).
- While representing a woman who was severely injured by falling down stairs at a restaurant, Kristin requested documents regarding other falls at the restaurant, but the restaurant claimed that there were no documents. Months later, with no explanation, the restaurant produced documents that showed, among other things, that the restaurant knew that a different patron fell down the same stairs and necessitated a trip to the emergency room just days before Kristin's client fell. They also showed that, days before Kristin's client fell, a manager of the restaurant drew lines on the stairs to make them more visible, but the owner ordered that the markings be removed. As a result of the failure to produce the documents for over six months after they were requested, Kristin won a motion for sanctions and an award of $3,290 in attorney fees to be paid by the restaurant and its attorneys to Kristin's client. Johnpoll v. Brix Tavern, LLC, Multnomah County Case No. 17CV33824 (June 1, 2018).
- Defended a Montana grain milling company against claims for breach of contract brought by Dave's Killer Bread, and obtained a full dismissal of all claims. Dave's Killer Bread, Inc. v. Mont. Merch., Inc., Case No. 3:17-cv-0237-YY (D. Or. Jul. 12, 2017).
- Successfully brokered a resolution of cross-motions for preliminary injunction in a complex commercial matter in Seattle involving numerous construction projects worth millions. Lofts @ Camas Meadows Phase I LLC et al., v. 134th Street Lofts LLC, Case No. 17-2-10920-7 SEA (2017).
- Represented a woman who tore her rotator cuff in an automobile accident. Within days of filing the lawsuit, Kristin negotiated a settlement for the full amount of the insurance company's policy limits.
- Represented a man who was hit at an intersection while driving his motorcycle. Without filing a lawsuit, Kristin negotiated a settlement with the at-fault driver for the full amount of her insurance company's policy limits. Kristin then successfully argued that the at-fault driver was underinsured and obtained the full policy limits from her own client's insurance company.
- Defended a debtor in a contentious adversary proceeding involving a complex combination of commercial litigation that involved state court claims and started in 2013. Successfully brokered a resolution of all claims, including preliminary injunctions, alleged misappropriation of trade secrets, restrictive covenants, noncompetition agreements, and requests for declaratory judgment. In re Carpenter/Key Knife v. Carpenter, USDC Case No. 14-33792-tmb7/Adv. Proc. No. 14-03236-tmb (September 29, 2014).
- Defended a log truck driver in a complex permanent injury and death case. At trial, multiple plaintiffs asked the jury for over $2.7 million. Kristin achieved a net jury verdict of $104,000, with the jury awarding nothing in pain and suffering damages to two of the plaintiffs. This was upheld on appeal. Estate of Ibarra v. Lilly, 245 Or App 294, 263 P3d 1053 (2011).
- Defended the corporate driver of a truck who collided with a bicyclist. The plaintiff bicyclist claimed serious, ongoing injuries and asked the jury for damages of $734,000. Kristin presented evidence showing that the plaintiff bicyclist was actually 25% at fault for the accident. Plaintiff recovered $69,750--less than a tenth of what she requested. Brantley-Dalglish v. Universal Applicators, Multnomah County Case No. 100405884 (2010).
- Achieved a defense jury verdict in a $1 million admitted fault personal injury case. Kristin defended a math teacher in an automobile accident case where the plaintiff alleged serious permanent injuries and the teacher admitted fault for the accident. Kristin successfully argued that her client did not cause the plaintiff's injuries. Johnson v. Emmons, Multnomah County Case No. 090303028 (2009).
- Won a motion to amend to allow allegations of punitive damages of $1 million in a case where Kristin's client was severely injured due to a fall at a restaurant.
- Achieved a defense verdict in a $1 million complex personal injury binding arbitration involving an auto accident.
- Achieved a defense verdict in a bench trial involving a contract dispute between two businesses about an indemnity clause.
- Successfully deposed key witnesses while defending a subcontractor in a complex construction breach of contract case, causing the plaintiff to voluntarily dismiss the entire lawsuit against all parties.
- Successfully deposed key witnesses while defending against a personal injury case involving a workplace injury at a construction site. Kristin elicited admissions from witnesses that caused the plaintiff to voluntarily dismiss the lawsuit against Kristin's client.
- Won a Motion for Summary Judgment that dismissed Kristin's client from a personal injury case involving an accident allegedly caused by a recreational sand rail. This was upheld on appeal. Higgins v. Sand Dunes Frontier Co., 236 Or App 238 (2010).
- Defended a railroad cleaning company in a $425,000 complex personal injury case where the plaintiff claimed her hand was crushed by a railroad car. The jury awarded only $35,000---less than a tenth of the amount requested. Subsequently, plaintiff filed a motion requesting her attorney fees of $40,000. Kristin won this motion and the plaintiff was denied all attorney fees. Wells v. Union Pacific et al., Multnomah County Case No. 070404620 (2007).
- Defended a sealant manufacturer against a product liability case involving alleged property damage to an automobile. In a bench trial, the judge ruled in favor of Kristin's client and found that there was no proof that the sealant caused any damage.
- Defended an admitted fault residential property damage case where Kristin's client, a U.S. distributor, paid nothing and was still able to settle the case because Kristin persuaded the product manufacturer (a foreign company) as well as the manufacturer's affiliated U.S. company to pay the full settlement amount.
- Defended an admitted fault personal injury case where Kristin's client, a distributor of medical equipment, paid nothing and was still able to settle the case because Kristin persuaded the manufacturer of the equipment to pay the full settlement amount.
Articles & Presentations
- Guest lecturer, "Civil Trial Practice", Oregon Pleading and Practice at Lewis and Clark Law School, Portland, Oregon (2016)
- Author, "A Limited Survey of Best Practices for Enforcement of Noncompete
Agreements and Restrictive Covenants", International Association of Defense Counsel, Business Litigation Newsletter (April 2016)
- Author, "Consent Provisions in Lease Agreements: Must the Lessor Act Reasonably?", International Association of Defense Counsel, Business Litigation Newsletter (April 2015)
- Author, "An Overlooked Attorney Fee Statute in Oregon", Insurance Thought Leadership (January 14, 2014)
- Co-Presenter, "Using a Vocational Expert," Oregon Association of Defense Counsel Fall Seminar (November 2013)
- Quoted in "Recovering Damages for Undocumented Workers," Lawyers USA (February 6, 2012)
- Co-Presenter, "Fundamentals of Arbitration," Oregon Casualty Adjusters Association (December 2011)
- Author, "Indemnity 101," Oregon Association of Defense Counsel Magazine (Summer 2009)
- Presenter, "Practicing Commercial Litigation," Gonzaga University (2006)
- Co-Presenter, "Medical Records: What a Legal Assistant Needs to Know," National Association of Legal Secretaries (2004)
- Author, "Comprehensive Justice for Victims of Pornography-Driven Sex Crimes: Holding Pornographers Liable While Avoiding Constitutional Violation," 80 Or L Rev 1067 (2001)