Unfortunately, shopping malls, apartment complexes, and other properties are not always maintained in a safe condition. Even though companies invite individuals to come spend money at their properties, they sometimes fail to maintain their properties in good condition. We have handled cases where porches have fallen on people’s heads, stairs have broken through when stepped upon, dangerous sharp objects have protruded from walls and floors, and water or other substances have been left on the floor to create a hazard.
Dangerous Conditions — Past Case Example #1
Louis Whitmore and Greg Kafoury
Louis Whitmore, 78, suffered a severe fracture to her foot when a heavy steel display fell from its perch in an aisle at Wal-Mart. Wal-Mart claimed that she must have knocked the steel display down by banging into it while operating one of the motorized vehicles that Wal-Mart maintains for the use of the disabled. Wal-Mart employees testified at deposition that they rushed to the scene when they heard the crash, and that Mrs. Whitmore was sitting on such a vehicle. Whitmore and her daughter testified that no such vehicle was in the vicinity, and that Louis was sitting on a bench immediately after the injury.
Just before trial, our firm forced the production of the incident reports, in which all three Wal-Mart employees had written that Mrs. Whitmore was on a bench, and none mentioned any vehicles. The jury returned after only 35 minutes, unanimously awarding the prayer of $331,000.
Dangerous Conditions — Past Case Example #2
A mother and her two sons were asleep in their beds near the Sellwood/Dunthorp area when the wooded crossbar on a 50,000-volt PGE transmission line, as thick as a telephone pole, fell next to their house, causing an electrical arc and an enormous explosion inside the house. The crossbar collapsed because the wood was rotten to the core. PGE’s inspection routine consisted of zipping past the transmission towers in a helicopter. The family members suffered physical and emotional damages, and the multi-million dollar lawsuit was settled for a confidential amount.
Dangerous Conditions — Past Case Example #3
Loretta W., 86, tripped on a badly displaced sidewalk in front of an apartment building owned by the Portland Rehabilitation Center, suffering a broken hip. She survived the surgery and a long period of physical therapy. We requested compensatory and punitive damages, and the case settled on the day of trial for a confidential amount.
Dangerous Conditions — Past Case Example #4
G.W. was at a social gathering in the lounge of a Jubitz Truck Stop when he sat on a stool which collapsed beneath him. He required major surgery for a torn rotator cuff in his shoulder. The defense pointed out that Mr. W is a large man, tall and weighing 280 pounds. We responded at trial by noting that “this place is a truck stop, where half the guys who come in have to go through the door sideways.” The jury awarded $137,600. The case went to the Oregon Supreme Court on the question of whether Mr. W was entitled to the full value of his medical expenses, or whether the defendant could deduct the discount amount that his insurance company obtained. The Supreme Court agreed that he had bargained and paid for health insurance to secure just such a discount, and that the defendant should not benefit from that. This was a vitally important precedent for those who may be wrongfully injured in the future.
Read more about this case in our Fall/Winter 09 Newsletter.
Dangerous Conditions — Past Case Example #5
Matt Muslin was an extraordinarily healthy man, approaching 90 years old. He was with family members at Izzy’s Restaurant when he tripped over a wire on the patio, and suffered a severe head injury. The management of the restaurant had been concerned that someone might steal their tables or chairs from the patio at night, so they had a thick wire connecting them all, and the wire was left there 24 hours a day. They said it never occurred to them that this might create a hazard. The defense tried to suggest that the quality of life for an old person was not worth much. We argued that every day of life is more valuable as one gets older. The jury verdict was $200,000.