The Oregon Court of Appeals has ruled that a trial judge shouldn’t have reduced a jury’s award to a man whose leg was severed by a garbage truck in downtown Portland.
In reinstating the award, the Appeals Court said the judge’s application of a $500,000 state cap for pain and suffering violated the Oregon Constitution’s demand for substantial remedy.
The Oregonian/OregonLive reports Scott Busch was crossing a street in 2015 when he was hit by a garbage truck, under Allied Waste Services, that made an illegal turn.
The impact from the sudden collision severed Busch’s left leg above the knee.
Scott Busch was crossing a street in 2015 when he was hit by a garbage truck, under Allied Waste Services, that made an illegal turn (file photo)
The Oregon Court of Appeals has reinstated a $10million award to man whose leg was by a driver with the company (file photo)
Busch’s attorney, W. Eugene Hallman, (pictured) said he and his client are ‘very pleased’
A jury awarded Busch $3 million for medical and other expenses, plus $10.5 million for pain and suffering.
Last year, however, Multnomah County Judge Mitch Greenlick reduced the $10.5 million in noneconomic damages to $500,000.
According to the local newspaper, the judge ruled Busch’s $3million payout for lost expenses as well as the $500,000 was appropriate.
Busch’s attorney, W. Eugene Hallman, said he and his client were ‘very pleased’ after the Appeals Court ordered the reinstatement.
Hallman said the $500,000 state cap for pain and suffering was absolutely a violation of the Oregon Constituation.
‘It violates people’s rights to be compensated,’ Hallman added.
The attorneys for McInnis Waste Systems may file a petition for the Oregon Supreme Court to review.