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Oregon court reinstates $10m to man who was hit by a garbage truck


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)

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)

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'

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. 



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