Kenneth Flippen vs. Tri-County Metropolitan Transportation District of Oregon

Case Background

On February 16, 2022, Plaintiff Kenneth Flippen filed a Personal Injury lawsuit in the Oregon Circuit Court, Multnomah County (Case number: 22CV05847). Judges Christopher J. Marshall, Judith H. Matarazzo, Kelly Skye, Amy M. Baggio, Eric L. Dahlin, and David F. Rees presided over this case.

Cause

Kenneth Flippen filed a personal injury lawsuit against the Tri-County Metropolitan Transportation District of Oregon (TriMet) following an accident on September 16, 2021. While riding his bicycle at SE 17th Avenue and SE Lafayette Street in Portland, Oregon, a TriMet SUV pulled out in front of him, causing a collision. The incident resulted from the SUV driver’s alleged negligence, including failure to stop for a bicyclist, failure to yield the right of way, failure to keep a proper lookout, loss of vehicle control, and excessive speed under the circumstances. This bicycle accident lawsuit highlighted the safety obligations of vehicle operators sharing the road with cyclists.

Injuries

The collision caused severe physical injuries, including multiple lacerations to Flippen’s left leg, which required sutures. Complications arose when the injuries became infected with necrotizing fasciitis and sepsis, leading to further medical intervention, including surgeries for drainage, debridement, and skin grafts. Flippen experienced ongoing pain, anxiety, discomfort, disability, and disfigurement, which significantly interfered with his daily activities. His condition might lead to permanent impairments, underscoring the devastating impact of this vehicle-bicycle collision.

Damages

Flippen incurred over $100,000 in medical expenses related to his treatment and anticipated future costs for ongoing care. He lost approximately $40,000 in income due to his inability to work and expected continued income losses. As a result, Flippen claimed noneconomic damages up to $600,000 and economic damages amounting to $140,000. This personal injury lawsuit emphasized the financial toll such incidents impose on victims.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Kenneth Flippen
    • Counsel for Plaintiff: Gregory Kafoury | Jason Llewellyn Kafoury
  • Defendant(s): Tri-County Metropolitan Transportation District of Oregon
    • Counsel for Defendants: Royce Williams | Danielle C Huck | Scott J Kaplan 

Claims

Flippen asserted that the TriMet driver’s negligence caused his injuries and subsequent losses. His personal injury lawsuit sought compensation for medical expenses, lost wages, and the long-term impact on his quality of life. Flippen requested a jury trial and demanded a total of $740,000 in damages to address the physical, emotional, and financial hardships caused by this bicycle injury accident.

Defense

The Tri-County Metropolitan Transportation District of Oregon (TriMet) denied liability for the collision involving Kenneth Flippen. TriMet acknowledged that Flippen was riding a bicycle at the specified Portland intersection but disputed his account of the incident. The defense asserted that Flippen’s injuries and damages stemmed from his own negligence. According to TriMet, Flippen failed to use the bike lane properly, failed to maintain a proper lookout, and entered the vehicle’s lane inappropriately. They also claimed Flippen did not adhere to the Oregon Department of Transportation Bicycling Manual and violated state traffic laws, including ORS 811.005, ORS 814.020, ORS 814.430, and ORS 811.270.

The defense argued that Flippen failed to exercise due care, disobeyed traffic control devices, used lanes improperly, and rode against designated one-way traffic. TriMet emphasized that any damages suffered by Flippen resulted from these infractions rather than the driver’s actions. As part of their legal strategy, they sought to limit liability under the Oregon Tort Claims Act, which restricts claims and damages against public entities. TriMet requested a judgment in their favor and an award for reasonable legal costs, asserting that Flippen’s negligence played a significant role in the accident.

Jury Verdict

On September 13, 2024, the jury awarded Kenneth Flippen $1,735,000 in his personal injury lawsuit against TriMet. This amount included $235,000 in economic damages for medical expenses and lost income and $1,500,000 in non-economic damages for pain, suffering, and disfigurement. However, the jury determined that Flippen bore 10% contributory negligence for the accident, reducing the total award to a net recovery of $1,561,500.

Court Documents:

Available Upon Request