$104,924 Sidewalk Injury Case

Nybakken v. Mongrain, Multnomah County Case No. 15CV17328

Plaintiff Nybakken was walking on a sidewalk on NE 40th Street abutting property owned by defendant Mongrain. She tripped on a piece of the sidewalk that was elevated and fell, breaking her wrist. She had to have surgery to repair the wrist and complications required several days of hospitalization. Nybakken alleged that Mongrain is responsible for the maintenance of the sidewalk and failed to do so.  She sought $43,542.06 for past medical expenses, $5,380 for future medical expenses and $500,000 for non-economic damages.

Mongrain denied liability. He claimed that he had not lived at the home since 2007 and neither his renters nor the city had ever notified him of any sidewalk defect.  He also claimed that Nybakken was responsible for her own injury for failing to keep a proper lookout.

Plaintiff’s Counsel – George Curtis

Defense Counsel – Matthew Wiese

Verdict – $104,924.34 (After 35% reduction for comparative negligence)

Date – September 20, 2016

October 31, 2016

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