Posted by Jonathan Maus ( Publisher/Editor ) on January 9th, 2009 at 12:07 pm
Here’s an interesting lawsuit filed by a Southeast Portland man. It was featured in a roundup of lawsuits published in The Oregonian yesterday:
A man bicycling through Southeast Portland is suing a pair of homeowners after he allegedly crashed into a mound of dirt placed on the side of the street.
Jeremy Hooten was pedaling along 21st Avenue near Division Street at 2 a.m. when he hit the pile, causing him to fly over his handlebars and slam into the street, according to his suit.
The suit doesn’t mention whether Hooten was using a light, but it does cite a city ordinance that street-side obstacles — such as mounds of dirt, bark dust or gravel — need to be marked with warning lights and barricades so passers-by can see them. The ordinance makes an exception for parked cars.
Hooten suffered broken bones in his face and skull, broken teeth, blurred vision and difficulty sleeping, among other injuries. He is seeking $575,000 from owners Joseph and Hau Hagedorn.
According to the Hagedorns, the incident happened in July of 2007.
Should Mr. Hooten just suck it up and take responsibility for what happened. Or, do you think someone leaving a pile of dirt in the street should be held liable? $575,000 sure seems like a ton of money.
I realize there are not many facts yet, I’ll work to do a follow-up story when/if I can. But in the meantime, what do you think?