A14 • HERMISTONHERALD.COM
WEDNESDAY, SEPTEMBER 19, 2018
FROM A1
DELAY
LAWSUIT
finding hourly craft construc-
tion professionals, particularly
carpenters, bricklayers, elec-
tricians, concrete workers
and plumbers. In Oregon, that
number was 79 percent.
Joseph Hull, director of
business development and
operations for McCormack
Construction Company of
Pendleton, said general con-
tractors like McCormack have
to be cognizant of whether sub-
contractors are getting over-ex-
tended and might not be avail-
able for new projects.
“Our region is very, very
busy,” he said.
He said delays in projects
caused by not being able to
find contractors have causes
that extend beyond Umatilla
County. If contractors in Wash-
ington or Idaho have plenty of
work coming their way in their
own state, they might let their
Oregon licensure lapse (Ore-
gon does not have recipro-
cal licensing agreements with
those states for trades like elec-
tricians). He said he has also
noticed that subcontractors that
used to reliably be willing to
come to Umatilla County from
cities like Hood River or Baker
City are currently less likely to
make the trip.
“If they can work 20 or 30
miles from home, why would
they commute out here?” he
said.
There are ways that impact
can be lessened, he said. Hull
is a fan of the Construction
Manager/General Contractor,
or CMGC, method that brings
general contractors in from the
beginning, instead of a “hard
bid” where contractors don’t
bid on the project until after
design work is complete. One
of its benefits is that it allows
contractors like McCormack
Construction to plan ahead and
recruit subcontractors early,
before they’re actually needed.
He said going the CMGC
route has allowed McCormack
Construction to keep construc-
tion of Pendleton’s new fire
station on time.
It’s not just large projects
that are affected by difficulty
living capacity, as well as $13.2 million
to cover Connor’s past and future med-
ical expenses. The family also states
that Dawna and Todd Martin’s relation-
ship with their son has been impaired,
and they ask $350,000 as compensa-
tion for resulting emotional distress.
When reached, the Martin fam-
ily declined to comment, referring all
requests to their lawyers — Martin
Dolan and Patricia Pascone of Port-
land’s Dolan Law Group — who did
not respond.
The Hermiston School District
released a brief statement emphasiz-
ing its commitment to the safety and
well-being of students, but declined to
comment further, citing legal and pri-
vacy reasons.
“If there are lessons to be learned
from this or any other situation, we will
apply them with that focus in mind,”
the statement said.
A 23-page document reviews the
timeline of Connor’s injuries, and the
process the family went through after
learning about them. According to the
suit, Connor first sustained an injury
when he was playing a football game
against Mountain View High School
on September 15, 2016, when, early in
the game, he collided helmet-to-helmet
with another player. Mountain View’s
trainer, Lindsay Hagler, evaluated
Connor and diagnosed him with a sus-
pected concussion, sidelining him for
the rest of the game. The lawsuit states
that Bruck then put Connor back into
the game in the fourth quarter, despite
his injuries.
At another game on October 20,
Connor hit his head twice and his
symptoms became even worse, with
his mother reporting that she found
him curled up, sobbing with a head-
ache after the game, and unable to walk
without falling.
The lawsuit details Connor’s visits
to Hermiston’s athletic trainer, Emery,
between the first and second injuries,
and after the second injury. The lawsuit
states that despite several evaluations,
Emery never administered an ImPACT
(Immediate Post-Concussion Assess-
ment and Cognitive Testing) test, an
evaluation that measures brain func-
tion. It also states that he cleared Con-
nor to play without having the authority
to do so, did not inform his parents of
his initial injuries at the game against
Mountain View, and did not direct him
to see Dr. Derek Earl, a Hermiston doc-
tor and concussion specialist that the
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STAFF PHOTO BY KATHY ANEY
Josh Ross, of Ross-Brandt Electric in Hermiston, digs a trench
near the intersection of 11th Street and Elm Avenue in Hermiston.
ing contractors for the traffic
signals on 11th Street, for the
most part the city hasn’t had
“too much of an issue” getting
bids for recent projects such as
the festival street.
He said on one of Hermis-
ton’s upcoming projects — the
new water tower on the cor-
ner of Northeast 10th Street
and East Punkin Center — the
city was more worried about
materials than labor. Steel tar-
iffs and rumors of a possible
steel worker strike could drive
up the costs on what is “a giant
steel pipe, essentially.”
The Hermiston city coun-
cil did vote to use the bid-de-
sign-build process Hull favors
on new offices and RV park
upgrades at the Eastern Ore-
gon Trade and Event Center,
which will give whatever gen-
eral contractor is awarded the
project more time to find sub-
contractors. And Morgan said
he hears rumor of private proj-
ects having difficulties finding
labor.
“Maybe we suck some of
the work up and then the pri-
vate side has a harder time
finding someone,” he said.
finding contractors and sub-
contractors. Meribeth Phipps,
Hermiston sales agent for Mon-
teVista Homes, said develop-
ers could be adding housing to
the area at a faster rate if more
labor were available. Even
while trying to match the num-
ber of new projects with labor
availability, sometimes there is
still a “bottleneck” at the end
that delays completion of a
house by a few days or weeks.
“It’s really created some
challenges for us getting
houses done by the estimated
completion date,” she said.
“We’ve had subcontractors not
show up, or say it’s going to be
a while before they can get to
us.”
She said it’s an issue every-
where, but on staff calls with
MonteVista employees from
other cities like Bend, Herm-
iston seems to have particular
trouble finding subcontractors.
She said plumbers seem to be
one of the biggest shortages,
followed by carpenters.
On the public project side,
Hermiston assistant city man-
ager Mark Morgan said other
than ODOT’s problem find-
district retains as its school physician.
The suit states that after the sec-
ond head injury, Connor was seen by
a variety of specialists who excused
him from school for several weeks and
advised him to see a specialist at Ore-
gon Health and Science University. He
also saw Earl, who administered an
ImPACT test, and told the Martin fam-
ily that Connor’s concussion resulted
in one of the worst declines in function
that he had ever seen.
According to the suit, Connor con-
tinues to suffer pain and discomfort to
his head, back and neck and can’t do
basic activities, such as walking, bal-
ancing, reading and socializing, with-
out difficulty. He has also not been able
to attend school full-time, and now has
an individualized education plan.
Several local mothers of children
with brain injuries have formed a sup-
port group, of which Connor’s mother
Dawna is a member.
Heidi Gray, whose daughter Nat-
talie got a concussion about two years
ago, formed the group, unofficially
called “moms of concussed kids.” She
said there are five mothers who meet
semi-regularly.
“If something big is going on, if
they need help, we share information,”
Gray said. “Which neuro eye surgeons
to go to, which is the best counselor to
help our kids with anxiety.”
Part of the group’s goal is to help
parents understand what the necessary
steps are for helping their child, and
how to navigate the aftermath of the
injury.
“It’s hard to know exactly what to
look for,” she said, noting that Earl told
her about 80 percent of those who get
concussions recover fully within less
than a month. Problems tend to arise,
she said, when the concussion is not rec-
ognized or addressed right away, lead-
ing to “post-concussion syndrome.”
Those with concussions should see a
doctor and get the appropriate scans
and tests done, including the ImPACT
test. They should also stay away from
screens and, above all, get rest.
Gray said the group also helps moms
understand how to help their kids ease
back into school. Her child, and many
others, she said, have specific needs
after going back to school post-con-
cussion, such as needing to take breaks
periodically.
“Not every teacher understands
what a child is going through,” she
said. “I can help parents [talk to teach-
ers] in a way that’s respectful, and gets
the school to take you seriously.”
Gray said parents of kids with con-
cussions can reach her at koussi@char-
ter.net if they have further questions.
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