A cyclist´s $439,000 broken hip compensation settlement – originally awarded by a jury in 2013 – has been upheld by the Oregon Court of Appeals.
On 6th August 2011, John Currier was cycling in the Lloyd District of Portland, when he had to take evasive action to avoid a car that was waiting to pull out from the Washman car wash on Northeast Martin Luther King Jr Boulevard, and was blocking both the cycle lane and the sidewalk.
Rather than pull out from the cycle lane into the heavy traffic, John cycled around the rear of the vehicle and onto the forecourt of the car wash. Unfortunately the forecourt of the car wash was particularly slippery and John fell from his bike – breaking his hip and suffering a serious elbow injury.
John claimed compensation from Washman LLC for his injuries, and in 2013 an Oregon jury awarded him $439,000 compensation after finding that the driver of the car – Dorothy Williams – had done nothing wrong, and that John was 30% responsible for his injuries due to his comparative negligence.
Washman LLC appealed the broken hip compensation settlement on the grounds that, by choosing to cycle onto the forecourt of the car wash, John was effectively trespassing. Lawyers for the company argued that it was not established at the original hearing that John had any right to be on the property.
At the Appeals Court hearing, the panel of judges heard John´s lawyer argue that it was “community custom” for cyclists and walkers to cross the parking lots and driveways of businesses — and to assume they were allowed to do so.
The panel of judges agreed with John´s lawyer and upheld the jury´s broken hip compensation settlement. Presiding Judge Timothy Sercombe told the court that despite Washman LLC´s arguments, John was not trespassing and the car wash had a duty of care to keep its pavement safe.