Dangerous Walkway Verdict

Stein v. Capri, Multnomah County Case No. 1402-01341

Plaintiff was invited by Defendants to come to a home they possessed.  When she arrived, there was no answer at the door, so she attempted to walk down a walkway to another door.  The sidewalk was built along a retaining wall with a four-foot drop onto a concrete surface.  There was no railing or warning of the drop.  Plaintiff fell off the retaining wall and suffered injuries including a broken pelvis, broken sacrum and broken arm.  Plaintiff sought $110,000 for past and future medical expenses, $40,000 for lost wages and earning capacity and $650,000 in non-economic damages.

Defendants denied liability.  They asserted that there was no hidden dangerous condition that they should have warned Plaintiff about and further that Plaintiff had been in the area of the pathway on at least one prior occasion.

Plaintiff’s Counsel – James Shadduck

Defense Counsel – Timothy Heinson

Verdict – $33,350 after 50% reduction for comparative negligence. 

Date – March 4, 2015

March 20, 2015

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