Post by Logan on Jan 28, 2016 2:27:35 GMT -6
Court upholds $439K awarded to cyclist who slipped on car wash's wet pavement, broke hip
The Oregon Court of Appeals has upheld a $439,000 jury award to a bicyclist who rode onto the wet pavement of a Northeast Portland car wash, then slid and broke his hip.
The appeals court on Wednesday ruled that despite the Washman car wash's arguments, the cyclist wasn't trespassing and the business had a duty to keep its pavement safe.
John R. Currier was injured near the car wash exit, which was covered in water and soapy drippings, on Aug. 6, 2011. It was mid-afternoon, and Currier was in the bike lane when a car pulling out of the car wash stopped and blocked the bike lane and the sidewalk -- prompting Currier to ride up behind the car onto Washman's property, which is located along Northeast Martin Luther King Jr. Boulevard and Weidler Street in the Lloyd District.
Currier said he recognized that the concrete pavement was damp but proceeded because he'd safely pedaled across damp pavement before and didn't think it'd be dangerous, according to the appeals court summary of the case. He said he chose not to veer in front of the exiting car because traffic was heavy and he didn't want to get hit.
Read more: www.oregonlive.com/portland/index.ssf/2016/01/court_upholds_439000_awarded_t.html
The Oregon Court of Appeals has upheld a $439,000 jury award to a bicyclist who rode onto the wet pavement of a Northeast Portland car wash, then slid and broke his hip.
The appeals court on Wednesday ruled that despite the Washman car wash's arguments, the cyclist wasn't trespassing and the business had a duty to keep its pavement safe.
John R. Currier was injured near the car wash exit, which was covered in water and soapy drippings, on Aug. 6, 2011. It was mid-afternoon, and Currier was in the bike lane when a car pulling out of the car wash stopped and blocked the bike lane and the sidewalk -- prompting Currier to ride up behind the car onto Washman's property, which is located along Northeast Martin Luther King Jr. Boulevard and Weidler Street in the Lloyd District.
Currier said he recognized that the concrete pavement was damp but proceeded because he'd safely pedaled across damp pavement before and didn't think it'd be dangerous, according to the appeals court summary of the case. He said he chose not to veer in front of the exiting car because traffic was heavy and he didn't want to get hit.
Read more: www.oregonlive.com/portland/index.ssf/2016/01/court_upholds_439000_awarded_t.html