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Questions Answered by Jennie Lynn Clark
1 Answer | Asked in Animal / Dog Law and Civil Rights for Oregon on
Q: My late fiancés mom is trying to take my dogs from me because she is executor of his will. Do I have any rights?

I was a live in girlfriend and care provider to him while he battled cancer and seizures for 8 years

Jennie Lynn Clark
Jennie Lynn Clark
answered on Dec 5, 2022

You must be in a rough state of mind losing your boyfriend and your dogs. If you have title to the dogs or other documentation of ownership of the dogs, you should be able to get your dogs back. Unfortunately, the cost of hiring an attorney would likely exceed the value of the dogs. You might... Read more »

1 Answer | Asked in Products Liability and Employment Law for Oregon on
Q: I am a fleet manager for a rental car company. What is the liability for patching gas tanks and renting cars out?

I cannot find any reputable shop to perform this job.

The gas tank is plastic and not metal.

I have expressed my concerns and have been overruled by management and instructed to proceed.

We have found a non-certified individual to work as a 1099 to perform the repairs... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Dec 4, 2022

I am not a mechanical expert. But it sounds like you are being instructed to make repairs to vehicles in a negligent manner that could lead to harm. Your employer is responsible for your actions under the doctrine of respondeat superior. Theoretically, if someone were harmed they could hire a... Read more »

2 Answers | Asked in Personal Injury for Oregon on
Q: Do I have a case?

I was spraying electronic cleaner on my navi screen and plugged in my car vacuum and all the sudden my car exploded and caught on fire with me in it. All my windows were shattered including my windshield and sunroof. My doors that were shut and locked were all blow open and bent in half. I was... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Nov 1, 2022

I agree with the answer of Mr. Holbrook. However, I need to add more:

The filing must also be within any applicable statute of ultimate repose under ORS 30.905(2), usually 10 years from when the car was originally purchased. Note: These rules may not apply to products manufactured...
Read more »

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1 Answer | Asked in Personal Injury and Business Law for Oregon on
Q: Are single LLC owners personally liable for damages from there employees, managers and or members actions in Oregon?

For 11 months the Property Manager where I. Own my trailer has commited vacarious acts towards my person, my company property and my company income along with many other actions

Jennie Lynn Clark
Jennie Lynn Clark
answered on Oct 26, 2022

Assuming that the LLC is set up properly, you wouldn't be able to go after the owner's personal assets such as their personal home. However, the LLC is responsible for it's employees under the doctrine of Respondeat Superior. The owner of the property is responsible for the manager... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Libel & Slander and Personal Injury for Oregon on
Q: If I want to Sue DHS what kind of lawyer do I need civil or tort
Jennie Lynn Clark
Jennie Lynn Clark
answered on Oct 12, 2022

Both. You need to get in tort claim notice within 180 days. You need a civil attorney to assist you.

1 Answer | Asked in Car Accidents for Oregon on
Q: Roommate backed into my parked car. She said she would file a claim but has yet to do so

It's been two weeks. Do I call the police? What do I need to do to compel her to take care of this? I obtained estimates and damage is $2500

Jennie Lynn Clark
Jennie Lynn Clark
answered on Oct 8, 2022

Your roommate as a duty to give you a copy of her driver's license and insurance. If she refuses to do so, I would make a non-emergency police report, DMV report and also let your insurance know if you have full coverage. They can pay for the damage and then they can collect from her... Read more »

1 Answer | Asked in Personal Injury for Oregon on
Q: Van and trailer parked construction truck behind it smashed into my trailer causing my van to lunge forward and hit me.

I have no license nor insurance I was in front of my van when he hit it and it hit me .I film his truck and him apologizing to me for doing it and admitting it.

Jennie Lynn Clark
Jennie Lynn Clark
answered on Oct 4, 2022

Normally, you are precluded from getting non-economic damages if you are driving without insurance and have not been insured within the last 6 months. However, it this case, you were not driving. You are allowed to own a car you do not drive. Even if you were driving you would be entitled to... Read more »

1 Answer | Asked in Car Accidents for Oregon on
Q: Oregon - rear-ended by uninsured driver (100% at fault). No injuries but out of pocket at $6K or more. How do we sue?

We have been racking up rental car fees while our car has been in the shop for several months (No rental coverage and repair shops are very backed up/short handed right now). Total of 4 cars in the accident and the uninsured driver at the back was found at fault. Thankfully we were physically fine... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Sep 29, 2022

You could file against the at-fault driver. However, the at-fault driver may be judgment proof. Hopefully, you have full coverage insurance to cover your property damage. It is my understanding that approximately 1 in 5 drivers drives without insurance, which is why you need adequate... Read more »

2 Answers | Asked in Civil Litigation, Consumer Law, Personal Injury and Civil Rights for Oregon on
Q: Is it legal for hazmat to be called close too floor but management not inform or evacute our building
Jennie Lynn Clark
Jennie Lynn Clark
answered on Sep 27, 2022

I am not sure if I understand your question. I understand it to mean that people with hazmat suits recommended closing all or part of a building and management did not follow the recommendation. I am not aware of any laws that require obedience to people wearing hazmat suits. However, if someone... Read more »

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1 Answer | Asked in Consumer Law, Car Accidents, Civil Litigation and Insurance Bad Faith for Oregon on
Q: Can I sue my insurance company for stringing me along and not paying out on a claim that's affecting my work and housing

Right off the bat I had to sign a huge stack of papers which I was kind of unsure signing to begin with, but it was a relinquishing my the information from all bank accounts all of my person to person pay apps that. my call log on my phone all any phone records. I also had to provide phone numbers... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Sep 21, 2022

You must have a basis to sue your insurance company. You cannot sue your car company merely for asking for documentation to support a claim you are making. To answer this question, more context is needed. What is the underlying claim you are making that would entitle you to insurance coverage?... Read more »

1 Answer | Asked in Car Accidents for Oregon on
Q: My unlicensed 19 yo in oregon, not listed on my ins, took my car w/o my consent and got in an accident. Will ins Cover?

I live in oregon and my son recently moved in with me and got his learner’s permit. I left town for the weekend and he took my car without my knowing and crashed into another vehicle (everyone is okay). He is not listed on my insurance. I just forgot. I listed my other child the moment they got... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Sep 18, 2022

This answer cannot be answered without fully reviewing your insurance policy. That said, most insurance policies require that you have someone on the policy if that person lives with you and drives the car. If you had reported it stolen before it got in an accident, I think you would have been... Read more »

1 Answer | Asked in Animal / Dog Law for Oregon on
Q: I gave a puppy to someone in order to pay for it they breed the dog and give me two puppys

The first time we bred she didn't take so we had to wait she went behind my back bred her again had puppy's never told me and won't pay me

Jennie Lynn Clark
Jennie Lynn Clark
answered on Sep 11, 2022

Legally she owes you based upon your verbal agreement. However, it may difficult to prove a verbal agreement and impractical to collect even if you do. If the agreement is in writing and the person is a home owner, the agreement will be much easier to enforce.

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Oregon on
Q: Im a landlord and my tenant has gotten an animal neglect charge from the city, is it on me at that point to evict her?

If I don’t evict will I be at risk of getting in trouble with the state for the animals neglected in my home?

Jennie Lynn Clark
Jennie Lynn Clark
answered on Aug 10, 2022

Any attorney would need to know more to fully answer your question. For instance, does the tenant claim the animals a service animals? Can the tenants be given a no-cause eviction under the new laws limiting no-cause evictions? Do the tenants have any potential counterclaims? Can you prove a... Read more »

2 Answers | Asked in Libel & Slander, Family Law and Animal / Dog Law for Oregon on
Q: I need to know how to get my stolen cat returned. Unfortunately, it’s not taken as seriously as, say, a car.

She was stolen by my ex just to hurt me. She’s filed false papers claiming my cat is her “companion cat”. I have all the proof & witnesses to support the truth in this matter.

Jennie Lynn Clark
Jennie Lynn Clark
answered on Jun 28, 2022

You might want to consider small claims court in light of the fact that most attorneys charge $300-$400 per hour. You cannot have an attorney in small claims court. If you obtain a judicial order for in junctive relief for the return of the cat, she would be in contempt of court if she does not... Read more »

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1 Answer | Asked in Contracts and Civil Litigation for Oregon on
Q: Can i sue the dealership?

I have a 60 day warranty. I brought it back after one week and told them we’re where issues, they said I’d have to pay 180 for diagnostic even though on paper it said 60 days DEALERSHIP PAYS for labor, parts used, diagnostics, etc. still tried to make me pay, decided whatever, power steering... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Jun 27, 2022

It sounds like you may have enough evidence for a potential lawsuit. Of course, an attorney would need to verify the content of the contract and the diagnostic tests. This is a malpractice case and a breach of contract case. It is a breach of contract because they are not honoring the warranty... Read more »

1 Answer | Asked in Animal / Dog Law, Criminal Law, Family Law and Small Claims for Oregon on
Q: I’ve filed reports with Animal Control for “Theft of an animal”, & “Possession of a Stolen Animal.” No response.

7.005.129 - Possession of a Stolen Animal.

A. A person commits the offense of possession of a stolen animal if a person has in his/her care, custody, possession or control an animal not owned by that person and not placed by the owner/caretaker of that animal, in the persons care, custody... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Jun 21, 2022

Only non attorneys can appear in small claims court. If you know who has your cat and you can prove you own the cat, you could file a case in small claims court and ask for injunctive relief for the return of your cat. You could also hire an attorney on an hourly basis to file a civil suit for... Read more »

1 Answer | Asked in Civil Rights, Libel & Slander and Personal Injury for Oregon on
Q: 22 y/o son with developmental disabilities and mental illness was taken to ER after a suicide attempt & then arrested.

5 Security rushed towards our son & he picked up a plastic chair and held over his head because he thought he was in danger. He has PTSD from abuse and trauma background. They tackled him and chair came down on security guards head. He pressed charges against our son for assault and use of... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Jun 20, 2022

I would check with the attorney who handled the case to see if there is a way to undo the plea. Generally, it is difficult to undo a plea once the plea deal is done.

Our law firm's policy is not to accept police misconduct cases on a contingency fee basis if a person pleads guilty....
Read more »

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Oregon on
Q: Question on maintenance on outside trees for an HOA when damaged is done to a vehicle

I had a couple questions about landlord responsibilities on maintaining the outside trees, June 10th 2022 around 7:00pm a huge tree branch broke off onto the road. I was driving on that road and struck the branch ( it fell down in front of my car It happened within 2-3 seconds ) residents of that... Read more »

Jennie Lynn Clark
Jennie Lynn Clark
answered on Jun 17, 2022

To safely answer the question, I would need to see the underlying lease agreement and contract with the HOA and consider the contractual issues along with the statutes under ORS 90 or ORS 91 depending on the type of tenant is involved. The contract may require the HOA maintain the trees. There... Read more »

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2 Answers | Asked in Personal Injury for Oregon on
Q: On 03/09/2021I was injured in a car accident that I was not responsible for. Sustained injuries. Offer was $50,00.00

I sustained fractured sternum, fractured ribs, large contusion on cheek bone. No follow up due to there is nothing they could do for those types of injuries. The accident happened in Medford, Oregon.

Jennie Lynn Clark
Jennie Lynn Clark
answered on May 29, 2022

If that is their policy limits, it is probably reasonable. However, before you accept policy limits you need permission from your own insurance company to accept. Otherwise, you will not have access to your underinsured motorist policy. If you have an Oregon policy, you likely have underinsured... Read more »

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1 Answer | Asked in Personal Injury for Oregon on
Q: I was in a car accidents that wasn't my fault, sustained injuries, want to know if I should settle for insurance offer

My injuries consisted of a fractured sternum, fractured ribs, and a very large contusion on my cheek

Jennie Lynn Clark
Jennie Lynn Clark
answered on May 27, 2022

To answer this question a lot more information would be needed:

Date of Loss

Amount of Medical Bills

Unpaid medical bills that are accident-related

Future medical, if any

Liens on settlement (Your insurance companies will likely have liens)

Wages lost...
Read more »

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