Tri Met Fall – Defense Verdict

Smith v. Tri-Met, Multnomah County Case No. 14CV18982

Plaintiff Smith was a passenger on a Tri-Met MAX train in downtown Portland.  When he was exiting the train, he slipped on a large puddle of water that had accumulated on the floor and fell.  He alleged that the water was a result of a leaking air conditioning unit and that Tri-Met was aware of the leak and had not removed the water or warned the passengers.  Smith claimed that the fall caused a concussion, herniated cervical disk requiring surgery and injuries to his back and shoulders.  He sought $150,000 for past medical expenses, $300,000 for lost future earning capacity and $500,000 for non-economic damages.

Defendant Tri-Met admitted that Smith fell on the train but denied liability.  They alleged that the fall was Smith’s own fault for failing to maintain a proper lookout and failing to hold on to something as he was exiting the train.

Plaintiff’s Counsel – Will Merkel

Defense Counsel – Michael Shin

Verdict – Defense Verdict (70% of fault was apportioned to Plaintiff)

Date – December 19, 2016

January 4, 2017

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