lawsuits

Lawsuit says City of Portland was negligent in Greeley Ave crash

Avatar by on August 31st, 2018 at 8:19 am

The crash scene on the I-5 on-ramp.
(Photos: Portland Police Bureau)

A notorious stretch of North Greeley Avenue where it crosses over an on-ramp to Interstate 5 is the subject of a lawsuit filed yesterday by a Portland law firm.
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With lawsuit dismissed, Timberline will break ground on new bike park this summer

Avatar by on April 4th, 2018 at 9:44 am

Samples of trail work by Gravity Logic, the firm working with Timberline to build the new bike park.
(Photos: Gravity Logic)

Fresh off the dismissal of a lawsuit that has tied up their mountain bike park plans for nearly six years, Timberline announced this morning that they are “moving forward.”[Read more…]

Tamar Monhait’s family seeks $10 million from garbage truck company

Avatar by on October 11th, 2017 at 2:46 pm

Still from surveillance video.

As reported last month by The Oregonian, Tamar Monhait’s family has filed a lawsuit with the company responsible for the garbage truck operator who hit and killed her.

In the early morning hours of August 21st, 41-year-old Monhait was biking north on Southeast Water Avenue at Taylor when the truck operator made a left turn in front of her. She died at the scene from the impact.

Monhait’s lawyers allege that the left turn by the garbage truck driver is the result of improper training by his employer, Republic Services Alliance Group. They’re asking for up to $10 million in damages.

The suit claims that the intersection is well lit and that Monhait was “lawfully riding her bicycle… in a designated bike lane.”
[Read more…]

Black man who was thrown off bike and arrested without cause sues City of Portland for $475,000

Avatar by on May 19th, 2017 at 1:31 pm

Screenshot of story in The Oregonian.

The Oregonian reports that a northeast Portland man who was tackled off his bike, roughed-up and arrested in 2015 has filed a $475,000 lawsuit against the City of Portland.

An attorney for 23-year-old Anthony James Allen Jr. told The Oregonian her client was arrested without cause simply because he was black. Allen was cycling home from work when the police first made contact with him and began questioning him about an unrelated incident. Here’s more from Allen’s attorney as reported in The Oregonian:

“You need reasonable suspicion,” Albies said. “It can’t just be because ‘I feel like it.’ It can’t just be because ‘You’re black and I want you to do what I want you to do.’ … If that was me on my bike … there’s no way they would have done that. I’m a white woman.”

The lawsuit filed Wednesday (PDF) says that Allen was profiled due to his race. Police were in Allen’s neighborhood because of a shooting that had occurred. Here’s what happened when Allen rolled up on his bike (from the lawsuit):[Read more…]

Portland pays $525,000 settlement in Mike Cooley dangerous bike lane case

Avatar by on March 2nd, 2017 at 4:26 pm

Instead of facing a jury in a case they feared could go against them, the City of Portland agreed today to pay $525,000 to the family of a man seriously injured in a 2013 crash.

Mike Cooley, who was 59 at the time, was on his way home from work at the downtown post office when he was hit from behind by someone driving a large white truck. Cooley was riding northbound on North Interstate Avenue just north of Greeley. It’s a stretch of road with a terrible crash history and one that’s known for being narrow and very stressful. The City of Portland’s Vision Zero collision map shows 19 bike-related injuries on that stretch from 2004 to 2013.

In addition to narrow lanes, people frequently fail to maintain control of their motor vehicles and swerve into the bike lane, causing the striping to fade. There’s also a high speed differential between bicycle and automobile users due to the hill in the northbound direction.
[Read more…]

Martin Greenough: City and state settle lawsuit while new path shapes up

Avatar by on February 28th, 2017 at 1:05 pm

New path around Lombard-42nd bike lane gap-7.jpg

The new bike path being built where Martin Greenough was hit and killed while riding in December 2015 is being built as I type this. While the path nears completion, so too does the lawsuit filed by his family last April.
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City, state sued for unsafe road design in death of Martin Greenough

Avatar by on April 21st, 2016 at 9:02 am

A lawsuit (PDF) has been filed in the death of Martin Greenough, the man who was killed while bicycling on NE Portland Highway (a.k.a. Lombard) on December 12th of last year.

Greenough’s family filed the lawsuit yesterday. The suit says that the City of Portland, the State of Oregon, and the man who hit Greenough, Kenneth Smith, are all at fault for his death and are asking for $3.6 million in damages.

As we covered at length here on BikePortland, Greenough was hit in a section of Lombard — where the bike lane stops and the road narrows under the NE 42nd Avenue overpass — that was a known danger spot. We reported on the exact location just one day before he was hit. Tragically however, we learned Greenough was new to town and was very likely following the route suggested on official city and regional bike maps.

In the lawsuit, Greenough’s lawyer claims both the Oregon Department of Transportation and the Portland Bureau of Transportion had been aware of the “pinch point” for at least a year before the collision and that they failed to “failed to provide for safe travel for both motor vehicles and bicycles.”
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In $21 million lawsuit, hit-and-run victim calls out dangerous stretch of N Interstate

Michael Andersen (Contributor) by on June 12th, 2015 at 12:24 pm

Mike Cooley, shown here ready to head out on his
daily bike commute before his 2013 collision.
(Photos courtesy Lisa Cooley)

A man whose legs were paralyzed in an unsolved 2013 hit-and-run on Interstate Avenue has sued the city, state and regional transit agency for $21 million.

Mike Cooley’s wife Lori, who is also a plaintiff in the lawsuit, told us in a May interview that she’s motivated in part by the lack of changes to Interstate Avenue’s bike lanes despite years of serious collisions on the street.

“Something has to be done to make that road safer or just shut it down for bikes,” Lori Cooley said. “There’s just too many injuries there.”

[Read more…]

Lawsuit stemming from crash during mountain bike race is withdrawn

Avatar by on January 27th, 2015 at 1:56 pm

“With this decision, the future of mountain bike racing in state of Oregon has a somewhat brighter outlook.”
— Park Chambers, owner of Fat Tire Farm

A lawsuit many feared would have an ominous ripple-effect on mountain bike race promotion in the state of Oregon has been withdrawn.

As we shared earlier this month, Lisa Belair-Sullivan filed a lawsuit against a race promoter and sponsor after she crashed and injured herself on a log that had fallen across a trail. Belair-Sullivan was warming up for the Dog River Super D mountain bike race in May. Her lawsuit contended that event promoter Petr Kakes of Hurricane Racing and Park Chambers of Fat Tire Farm (a shop who was the title sponsor of the event) created a safety hazard that she was unable to avoid.

On January 9th, we confirmed with Belair-Sullivan that she withdrew the case. While she has yet to make an official public statement, Park Chambers issued one on January 23rd. We’ve pasted the statement below in its entirety:
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Two local lawsuits put focus on riding conditions, responsibility – UPDATED

Avatar by on January 5th, 2015 at 12:56 pm

Two lawsuits filed in the past two weeks put a focus on the question of who’s responsible for safe riding.

According to The Oregonian, a woman was badly injured last May during a mountain bike race in Hood River when she attempted to ride over a log that had fallen on the trail. She now seeks $273,000 from race organizer Hurricane Racing (Portland based bike shop Fat Tire Farm, the event’s main sponsor, is also named in the lawsuit).

Here’s more from The Oregonian:
[Read more…]