In a lawsuit that has sparked debate over liability and safety standards, Rosie Lopez, a Portland cyclist, is suing the city and a construction company for $28 million after a crash that resulted in severe injuries. The incident occurred on September 17, 2024, when Lopez, a 42-year-old bartender, was cycling on Northeast Glisan Street near 80th Avenue. She claims that the city and Raimore Construction failed to install visual warning devices, such as cones or barricades, which could have prevented her from crashing into a recently built "floating concrete island."
Lopez's deposition revealed a harrowing account of the crash. She was cycling with a friend, and despite having a "big bike light," she didn't see the island until it was too late. The impact caused her to suffer a broken shoulder and arm, a traumatic brain injury, a stroke, numbness on the right side of her face, blurred vision, and "extensive" neurological pain and depression. These injuries have had a profound impact on her life, requiring assistive living services and impairing her ability to work.
The lawsuit highlights a deeper issue with the city's "pedestrian safety improvements." The "floating concrete island" was part of a $600,000 project aimed at enhancing safety at the intersection, which is near Vestal Elementary School. However, the project's effectiveness is called into question by the crash. The city's response to the lawsuit is interesting, as they argue that Raimore Construction was responsible for keeping temporary warning devices in place, which could have been large orange, diamond-shaped signs.
Raimore Construction's president, Jeff Moreland, defended his company's actions, stating that they set up orange cones and a white A-frame barricade with orange stripes on the island days before the crash. However, these devices were later moved, and the company claims they have no fault in the incident. The city's argument that Raimore Construction was contractually obligated to install reflective "tubular" warning markers only after the crash is a point of contention.
The case also raises questions about Lopez's state at the time of the crash. The city and Raimore Construction argue that she was under the influence of drugs and alcohol, citing a toxicology report indicating high levels of THC and a blood alcohol content of 0.052%. However, Lopez disputes these claims, stating she was not impaired. The lack of charges filed by police and prosecutors further adds to the complexity of the case.
The lawsuit seeks $20 million for pain and suffering and approximately $8 million for medical bills, lost wages, and other expenses. The high amount of damages sought, coupled with the potential legal battles over liability and the city's tort claim limits, makes this case a significant legal and safety discussion. As the legal proceedings unfold, the incident serves as a stark reminder of the importance of proper safety measures and the potential consequences when they are lacking.
