Trial Magazine

Andrea Laing, 23, was walking northbound along a sidewalk platform at a Portland, Ore., “MAX” light rail station. She crossed the eastbound tracks to board a stopped westbound train and was struck by an out-of-service eastbound train that was entering the station. Laing suffered facial and rib fractures; internal injuries, including ones necessitating removal of her spleen; a severed left leg, and skin injuries. She incurred $800,000 in medical expenses and missed approximately five months from her job as a retail worker earning $12 per hour.

Laing sued TriMet, the rail system’s operator, and Gabe Sutherland, the operator of the eastbound train, alleging Sutherland had failed to sound a four-second audible warning as he approached the platform and failed to apply principles of defensive driving. Suit also alleged that TriMet had failed to implement recommended safety improvements at the station or install active safety devices, such as flashing lights or metal bars that would guide pedestrians crossing the track and force them to look both ways before crossing.

The defense argued that Laing had been wearing a hood and ear buds at the time of the incident and had failed to remain aware of her surroundings or take reasonable safety precautions.

The jury awarded $15 million, apportioning liability at 43% to TriMet, 42% to Laing, and 15% to Sutherland.

Citation: Laing v. Tri-County Metro. Transp. Dist. of Or., No. 17CV36490 (Or. Cir. Ct. Multnomah Cnty. Feb. 25, 2019).

Plaintiff counsel: AAJ member J. Randolph Pickett and Sonia Montalbano, both of Portland, Ore.