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.
Clients hire Kristin because they know that she will give their cases the attention and tenacity they deserve. One client reported to U.S. News that Kristin was, "Very effective, caring, and creative in solving a very tricky, complicated, and worrisome situation. Highly recommended!"
Kristin has experience with:
- A wide variety of personal injury matters, including catastrophic injury, wrongful death, and trucking accidents.
- Civil cases involving sexual abuse and sexual assault, sex trafficking, and crime victims.
- 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.
- Kristin represented a victim of sexual assault involving a massage at ClubSport Oregon, and was able to achieve a resolution in that case for her clients approximately one month prior to trial. In order to achieve that resolution, Kristin:
- Won a motion to allow allegations of $1 million in punitive damages against SMG Properties Oregon LLC, doing business as ClubSport Oregon ("ClubSport Oregon") and its managing company, Leisure Sports, Inc. To win her Motion to add allegations of punitive damages, Kristin had to show that there was evidence that ClubSport Oregon and Leisure Sports acted with malice or exhibited "a reckless and outrageous indifference to a highly unreasonable risk of harm and has acted with a conscious indifference to the health, safety and welfare of others.” Oregon Revised Statute 31.730. Freifeld v. Leisure Sports Inc., et al., Washington County Case No. 18CV12178 (April 1, 2019).
- Won a motion to amend to allege additional claims against ClubSport Oregon and Leisure Sports, including claims for negligence per se, negligent training and supervision, and negligent infliction of emotional distress. To win this motion, Kristin had to show that there was evidence to support these claims. The court allowed Kristin to file a Second Amended Complaint to add these claims, as well as her claims for punitive damages. Freifeld v. Leisure Sports Inc., et al., Washington County Case No. 18CV12178 (April 1, 2019).
- Won a motion to compel discovery of documentation concerning the Oregon Board of Massage Therapists' investigation into the sexual assault of her client. This documentation was being withheld by the defendant massage therapist, who refused to turn it over despite Kristin's formal requests for production. Freifeld v. Leisure Sports, Inc., et al., Washington County Case No. 18CV12178 (November 9, 2018).
- Successfully defeated a motion to strike allegations in the lawsuit regarding a previous sexual assault victim during a massage at the same ClubSport Oregon location. Freifeld v. Leisure Sports, Inc., et al., Washington County Case No. 18CV12178 (September 10, 2018).
- Kristin represented a woman who was severely injured by falling down stairs at a restaurant after having lunch with her daughter. Kristin achieved a settlement for her client just prior to trial. In order to achieve that settlement, Kristin:
- Won a motion to amend to allow allegations of punitive damages of $1 million against Brix Tavern, the restaurant where Kristin's client was severely injured. To win her motion to add allegations of punitive damages, Kristin had to show that there was evidence that Brix Tavern acted with malice or exhibited "a reckless and outrageous indifference to a highly unreasonable risk of harm and has acted with a conscious indifference to the health, safety and welfare of others.” Oregon Revised Statute 31.730. Johnpoll v. Brix Tavern, LLC, Multnomah County Case No. 17CV33824 (April 11, 2018).
- Won a motion for sanctions. Kristin requested documents regarding other falls at Brix Tavern, but Brix claimed that there were no documents. Months later, Brix produced documents that showed, among other things, that it 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. The documents 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, Mark Byrum, 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).
- Won a motion to amend the lawsuit to add Mark Byrum, the man who owned Brix Tavern where Kristin's client was severely injured, as a defendant. Johnpoll v. Brix Tavern, LLC, Multnomah County Case No. 17CV33824 (July 27, 2018).
- Won a motion to amend to allow allegations of punitive damages of $1 million against Defendant Mr. Byrum, the owner of Brix Tavern. To win her motion to add allegations of punitive damages, Kristin had to show that there was evidence that Mr. Byrum acted with malice or exhibited "a reckless and outrageous indifference to a highly unreasonable risk of harm and has acted with a conscious indifference to the health, safety and welfare of others.” Oregon Revised Statute 31.730. Johnpoll v. Brix Tavern, LLC, Multnomah County Case No. 17CV33824 (September 14, 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. Olson [no relation] v. Kaufman, Clark County Case No. 15-2-02501-9 (September 9, 2015).
- 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 in bankruptcy court involving a complex combination of commercial litigation that included state court claims. 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 wrongful 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 bicyclist was actually 25% at fault for the accident. The bicyclist 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. Kristin's client admitted that he was at fault for the accident, but Kristin successfully argued that the plaintiff was not injured, and Kristin won the trial outright and her client paid nothing. Johnson v. Emmons, Multnomah County Case No. 090303028 (2009).
- Achieved a defense verdict while defending against a $1 million complex personal injury binding arbitration involving an auto accident.
- Achieved a defense verdict in a bench trial while defending against a breach of contract claim between two businesses concerning 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, and affirmed without opinion. Higgins v. Sand Dunes Frontier Co., 236 Or App 238 (2010).
- Defended a railroad car cleaning company in a $425,000 complex personal injury case where the plaintiff claimed that her hand was crushed by a part of the railroad car, necessitating hand surgery. 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 domestic 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
- "Meet the Brooksby Family", Eastmoreland Living Magazine (January 2020)
- 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)