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Questions Answered by Jennie Lynn Clark
2 Answers | Asked in Traffic Tickets and Car Accidents for Oregon on
Q: I was hit by a forest cop on one lane FS road blind curve. Please help, the damage is extensive.

I was coming up he was coming down the blind curve. Cliff on my side. One lane road. I swerved to avoid hitting him and he never even hit the brakes. My insurance lapses by a few weeks due to covid related financial issues. I have court coming up to contest the traffic ticket they gave me which was... Read more »

Jennie Lynn Clark
Jennie Lynn Clark answered on Nov 26, 2020

Since you were hit by a cop in the state of Oregon, tort claim notice will need to be received by the employer and/or city/county/state attorney of the cop who hit you within 180 days. The hearing for the ticket will be important, as the judge will be determining weather or not you were at fault... Read more »

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3 Answers | Asked in Personal Injury for Oregon on
Q: Injured,had coffee thrown on me.

A woman became irate and threw coffee on me. As a result I slipped and fell onto the floor. I injured my arm and leg.

Jennie Lynn Clark
Jennie Lynn Clark answered on Nov 16, 2020

If the facts you state are true and there are no viable defenses, then she would be liable. The next issue is if she is worth suing. Do you have the contact information for the person who threw coffee on you? Is she a homeowner, business owner or do you know if she has insurance? For insurance,... Read more »

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1 Answer | Asked in Animal / Dog Law for Oregon on
Q: My ex won’t give my dog back the only proof I have that the vet is in my name and I have a bill of sale is that enough
Jennie Lynn Clark
Jennie Lynn Clark answered on Oct 29, 2020

Assuming your ex has no evidence to the contrary, it should be enough. Based upon experience, I never underestimate my opponents like they tend to underestimate me. File it in small claims court and ask for injunctive relief for a return of the dog. If you pay an attorney hourly, the rate will... Read more »

2 Answers | Asked in Personal Injury for Oregon on
Q: Do lawyers fight against their own city or county?
Jennie Lynn Clark
Jennie Lynn Clark answered on Oct 27, 2020

A lawyer is able to fight against their own city or county if the lawyer chooses to accept a case against the city or county. All state law claims against a governmental agency require that tort claim notice be received by the governmental agency or representative within 180 days, which is a... Read more »

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1 Answer | Asked in Animal / Dog Law for Oregon on
Q: I live in oregon. I bought a german shepherd puppy. We did a dna test. Its a mix puppy. What are my options here?

the breeder said it was a purebred with no papers. We bought a dna test and turns out he is half german shepherd. He is five months.

Jennie Lynn Clark
Jennie Lynn Clark answered on Sep 24, 2020

Theoretically, there is a breach of contract case assuming you have the evidence to prove the breach. If there is a contract stating you purchased a purebred for x price, then there is a breach of contract. Normally, the remedy is to return the dog and get your money back.

2 Answers | Asked in Car Accidents, Personal Injury and Criminal Law for Oregon on
Q: If I was hit and injured in a car accident having no insurance and a suspended license, what are my options considering?

I left the scene before cops arrived "Which is considered a "hit and run" the person who hit me is at fault and was not injured nor were any of her passengers. I have not filed a report, nor spoke with police about the matter. I am afraid, because I don't have insurance, I will... Read more »

Jennie Lynn Clark
Jennie Lynn Clark answered on Sep 16, 2020

Obviously, you had enough time to determine nobody was apparently injured. You did not say if there was vehicle damage. If you gave the other driver your contact information, it should not be considered a hit and run. However, you still could face charges for lack of driver's license and... Read more »

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2 Answers | Asked in Car Accidents for Oregon on
Q: I scratched another car Left to get something to write with came back and they where gone. What do I do?

I was pulling in to a walmart parking lot and scratched another car. I then parked my car went over to the other car took a picture of the damage, then went back over to my car to get something to write with realized I didn't have anything so I went into the store to get paper and something to... Read more »

Jennie Lynn Clark
Jennie Lynn Clark answered on Sep 13, 2020

You are required to leave a note on the car with your insurance information. In order to prove a crime, the state must prove intent. If there was a video of what you describe, it could appear that you went into the store with the intention of not giving your insurance information. Your defense... Read more »

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1 Answer | Asked in Animal / Dog Law for Oregon on
Q: my ex girlfriend stole my therapy dog How can I get him back?
Jennie Lynn Clark
Jennie Lynn Clark answered on Sep 5, 2020

If you are on a budget, you can file a lawsuit in small claims court and request injunctive relief for the return of the dog.

If money is no object, you could hire an attorney to file a lawsuit for injunctive relief. But this would likely run into the thousands of dollars. If your ex...
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1 Answer | Asked in Animal / Dog Law for Oregon on
Q: Breeder of $2000 eng bulldog pup allowed pup to go home with a buyer and do payments. She had me babysit twice and ...

I recognized signs of minor animal abuse. I Do not want to continue the sale. Do I have the right to go take him? She still owes 500. And I will give her back the payments she has paid. We live in Salem,Oregon. We do not have a formal contract. I think this is time sensitive. Can anyone please... Read more »

Jennie Lynn Clark
Jennie Lynn Clark answered on Aug 30, 2020

Assuming you keep the dog and issue a refund, what is the worst they buyer can legally do? The buyer could issue a demand under ORS 20.082 for breach of contract, wait 30 days, and sue for specific performance and demand attorney fees and costs and prevail. In this case, the buyer would get the... Read more »

1 Answer | Asked in Animal / Dog Law for Oregon on
Q: My sister stole my dog (who is used as an emotional support animal)

my sister and I had a verbal agreement where I would become the final owner of her two dogs (she was not able to home them and didn't want them to be with my grandmother) i promised she could take them camping but they were becoming my children's emotional support animals so I would not... Read more »

Jennie Lynn Clark
Jennie Lynn Clark answered on Aug 26, 2020

Theoretically, you would have a claim against your sister for the tort of conversion. You could have an attorney send a demand under OS 20.080 for a return of the dog and give her 30 days to return the dog without incurring attorney fees or costs. Then you could file a lawsuit for injunctive... Read more »

1 Answer | Asked in Animal / Dog Law for Oregon on
Q: My dog and my neighbors dog got into a fight. My do push his way under the fence I fixed the fence

My dog pushed his way under the fence a second time she took her dog to the vet he got 1 staple and wants us to pay the bill. I'm I leagaly bind to? They interagate my dog with broom sticks throwing appels using sticks to push at him where do I stand with this situation?

Jennie Lynn Clark
Jennie Lynn Clark answered on Aug 10, 2020

If I am understanding the facts correctly, your dog trespassed onto the neighbor's property. You stated this was the 2nd time your dog had done this, so an argument could be made that you knew there was a risk of your dog trespassing and the issues should have been previously addressed, by... Read more »

1 Answer | Asked in Criminal Law and Personal Injury for Oregon on
Q: What kind of a lawyer do I need for a vandal case?

My car was vandalized by my ex what recourse do I have

Jennie Lynn Clark
Jennie Lynn Clark answered on Jul 23, 2020

Options:

1) If you have insurance coverage you can make a claim with your own insurance company and pay the deductible.

2) If you have proof such as an admission, video or witnesses or saw the event yourself you could make a police report and hope they do something. If she is...
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1 Answer | Asked in Animal / Dog Law for Oregon on
Q: He is chipped. So if my neighbor takes him to the pound I can call the police? and then go get my cat back?
Jennie Lynn Clark
Jennie Lynn Clark answered on Jul 17, 2020

The easiest thing to do is contact the pound and provide them documentation of the chip information that the animal is yours. Then go pick up your animal. I have had two of my pets returned this way.

2 Answers | Asked in Animal / Dog Law for Oregon on
Q: Can my neighbor take my cat to the pound because he feels my cat is being a nuisance?
Jennie Lynn Clark
Jennie Lynn Clark answered on Jul 17, 2020

There is a difference between can and should. "Can" means that your neighbor has the physical ability. "May" means he has permission from you, the owner, or otherwise has legal authority.

If the cat is on your property and the neighbor trespasses on your property to...
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2 Answers | Asked in Animal / Dog Law, Domestic Violence and Family Law for Oregon on
Q: How do I revise a restraining order to gain custody of my dog who is registered in the county and chip in my name.

The individual has a current misdemeanor and pending indictment taking effect for felony strangulation, menace, assaultin 4th degree and harassment.

Jennie Lynn Clark
Jennie Lynn Clark answered on Jul 17, 2020

Assuming the person who put the restraining order on you has your dog, you should promptly challenge the restraining order within the statutory period noted on your paperwork. You can challenge all or a portion of a restraining order.

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1 Answer | Asked in Animal / Dog Law for Oregon on
Q: In Oregon can a landlord make you neuter your dog and if you don't, evict you???
Jennie Lynn Clark
Jennie Lynn Clark answered on Jul 12, 2020

I would look to your rental agreement to see if the issue of dog neutering is addressed. Landlords can have a policy of no dogs or only neutered dogs. If your dog is a service dog, then the landlord will need to accommodate your disability. I am not sure if the neutered status of your dog affects... Read more »

2 Answers | Asked in Car Accidents for Oregon on
Q: I am uninsured driver and my car was smashed by an insured driver who ran a red light

I have the claim number and was told to go to a shop and get a quote. Am I allowed to get my car fixed or to accept payment since I am not insured?

Jennie Lynn Clark
Jennie Lynn Clark answered on Jun 10, 2020

Even though you were at-fault for the accident, you are entitled to get your vehicle fixed. However, you may be precluded from receiving non-economic damages for your pain and suffering if you were injured if you have not been insured within the last 6 months, assuming the accident was in Oregon.

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2 Answers | Asked in Animal / Dog Law and Personal Injury for Oregon on
Q: My dog bit someone on our property who put their hand close to our fence and threatening legal action. What can I do?

May, 2020: Our neighbor had people visiting, and they were about to leave, and my dog heard them talking loudly and ran outside. We ran outside to get her and this woman told me that my dog had bitten her. She showed me her bite mark, and it was not bleeding; it looked like teeth marks in the skin,... Read more »

Jennie Lynn Clark
Jennie Lynn Clark answered on May 24, 2020

She is partially right because the dog could be considered an attractive nuisance for a child who may not appreciate the danger. She, on the other hand, is an adult. Arguably, she trespassed on your property when she should have been aware of the danger and was bitten. If she is requesting... Read more »

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1 Answer | Asked in Animal / Dog Law for Oregon on
Q: my dog was laying nest to my house were we park our car and was hit by a neighbors friend. Do have a right to sue them?

They broke her leg. do I have any rights as the owner?

Jennie Lynn Clark
Jennie Lynn Clark answered on Apr 16, 2020

I assume your dog was on your property and not your neighbor's property. You won't be able to sue your neighbor unless you could prove your neighbor was somehow negligent or had trespassed. You could sue your neighbor's friend for negligence and trespass. Under trespass theory,... Read more »

6 Answers | Asked in Car Accidents and Insurance Bad Faith for Oregon on
Q: Why is the insurance company forcing me to use my PIP to reimburse me for my lost wages for a non-at fault accident?

I was in an accident were liability was determined to be completely the other drivers fault. Both of us have the same insurance carrier (Progressive). The insurance company forced me to use my own PIP to pay my medical bills. I would have rather not used my own policy (PIP) and filed a third... Read more »

Jennie Lynn Clark
Jennie Lynn Clark answered on Apr 8, 2020

To Whom It May Concern:

PIP is no-fault. It is a standard operating procedure for your PIP to cover regardless of fault. The policy reason behind this is that people should be able to obtain treatment without having to argue about the fault of the involved drivers, as liability can get...
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