City settles lawsuit with injured cyclist for $25,000
PORTLAND, Ore. (KOIN) – The Portland City Council approved a $25,000 settlement at Wednesday's meeting for a lawsuit filed against the City of Portland by a cyclist who claims to have suffered serious injuries during a fall near the intersection of 15th Avenue and Hoyt Street in Northwest Portland on June 18, 2021.
Court documents obtained by KOIN 6 News state that plaintiff Natalie King was turning left at the intersection onto 15th Avenue when she struck the uneven pavement surrounding a set of abandoned trolley tracks and fell to the ground. The fall allegedly broke multiple bones in King’s left wrist, which required surgery, and caused scrapes and bruises on her arms and legs.
“Unknown to [the] plaintiff, there were abandoned [trolley] tracks that ran parallel to 15th Avenue,” the lawsuit filed on Feb. 15, 2022 reads. “The abandoned [trolley] tracks had both newer and older asphalt that had been paved around the tracks, where some of the tracks end abruptly. The combined effect of the newer and darker asphalt, the older and lighter older asphalt, and the abandoned [trolley] tracks created a dangerous street condition, of which no warning was given.”
Although the city admits in the court documents that there a set of unused trolley tracks exists in the area, it stated that the tracks are owned by the Portland Terminal Railroad Company, a local corporation managed by Union Pacific Railroad. The City of Portland denied multiple allegations raised in the lawsuit, which initially sought $150,000 in damages and $24,858 for medical costs. However, an investigation into the claim conducted by Portland’s Risk Management officer determined that the city could be found liable if the case goes to trial, and recommended that the city settle the suit for $25,000.
In its defense, the city stated that King’s injuries were caused either totally or partially by her own negligence and/or the negligence of others, including the Portland Terminal Railroad Company. In its defense, the city stated that King was responsible for her own injuries for one or more of the following reasons:
- Failing to maintain a proper lookout for her own safety
- Failing to maintain control over her body and/or e-bike
- Failing to operate her e-bike with reasonable attention and skill
- Failing to operate her e-bike with due care and in a reasonable manner for the conditions present
- Failing to attend to reasonable warnings, including but not limited to roadway signs and/or construction signs in the area which should have alerted plaintiff
- In riding her e-bike down a one-way street in the incorrect direction in violation of Oregon traffic laws, including but not limited to ORS 811.270; g) In such other ways as may be revealed through discovery
The City of Portland also stated the Portland Terminal Railroad Company acted negligently for “failing to properly maintain the track and surrounding pavement” at the location of King’s bicycle crash.
With approval from the city council, the settlement will now be paid through the city’s Insurance and claims fund, which will not affect the city’s current budget. Although the plaintiff in the case share’s the same name as the former spokesperson for Oregon's former Governor Kate Brown, the plaintiff’s attorney Christopher Larsen confirmed with KOIN 6 that the case involves a different Natalie King.