Injured Cyclist – Defense Verdict

Frank v. Lawson, Multnomah County Case No. 15CV31374

Plaintiff Frank was riding his bicycle on SE 12th avenue when Defendant Lawson approached him from behind and attempted to pass.  SE 12th is a single lane in each direction without a bicycle lane. Lawson struck Frank with the mirror on his vehicle and caused him to crash.  Frank claimed that Lawson was negligent for not keeping a proper lookout and unsafely passing on the left in violation of ORS 811.410.  Frank claimed crash-related injuries including a superior labral tear from anterior to posterior (SLAP tear) in his left shoulder that required surgical repair.  He sought $29,097.52 for past medical expenses, $12,000 for future medical expenses, $25,080 in lost wages, $943.31 in rental car expenses, $427.95 in property damage and $325,000 in non-economic damages.

Defendant Lawson claimed that Frank was not riding as close as practicable to the right-hand curb in violation of ORS 814.430 and moved to the left in front of Lawson suddenly, causing the crash himself.

Plaintiff’s Counsel – Ray Thomas and Cynthia Newton

Defense Counsel – Lawrence Schuckman

Verdict – Defense Verdict

Date – December 16, 2016

December 24, 2016

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