Appleyard v. Port of Portland, Multnomah County Case No. 16CV05139
Plaintiff Appleyard was picking up his luggage from carousel #8 at the Portland International Airport when he tripped over one of his bags and fell, striking his foot on the underside “toe space” of the baggage carousel. He claimed that the baggage carousel housing had a sharp edge that caused a significant laceration that required surgical repair and multiple days in the hospital. He claimed Defendant Port of Portland was negligent for failing to inspect the carousel, failing to warn of the danger and failing to make the premises reasonably safe for guests. He sought $25,810.31 for past medical expenses and $120,000 for non-economic damages.
The Port of Portland denied liability. They argued that Appleyard’s wound was an avulsion type wound caused by the significant impact that occurred when he fell and his luggage acted as a fulcrum thereby forcing his foot with a “crowbar effect” against the carousel housing. They claimed he suffered no laceration wound that would have been caused by sharp metal as he claimed.
Plaintiff’s Counsel – Joshua DeCristo
Defense Counsel – Gregory Miner
Verdict – Defense Verdict
Date – March 23, 2017