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, 2016January 4, 2017