Bicycle Case Against The City Fails

Ziemer v. City of Portland, Multnomah County Case No. 18CV03811

Plaintiff Ziemer was riding his bicycle westbound on SE Morrison in the left-turn-only lane and moved to the right when he claims he hit a raised concrete median in a pedestrian crosswalk that he claims was not illuminated. Ziemer alleged that the City of Portland was negligent for not properly designing the pedestrian crosswalk and not providing adequate lighting.  He alleged that the crash caused him to break his nose, break multiple fingers, lacerate his mouth and break several teeth among other injuries. He sought $65,972.83 for past medical expenses and $500,000 for non-economic damages.

The City of Portland denied liability claiming that the concrete median was appropriately marked, and that Ziemer was negligent and caused his injuries by failing to keep a proper lookout, not having a bicycle light during times of limited visibility, not wearing a helmet, riding faster than was reasonable under the conditions and not obeying traffic control devices.

Plaintiff’s Counsel – Leah Johnson        

Defense Counsel – J. Scott Moede

Verdict – Defense Verdict

Date – March 13, 2019

March 24, 2019

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