Trial Magazine

Robert Trebelhorn, 47, lived at Wimbledon Square and Gardens, a 600-unit apartment complex consisting of 72 separate buildings connected by elevated walkways. While walking on a second-floor concrete walkway, his leg went through a crack in the concrete, causing him to fall through to his ­mid-thigh while the other leg was straight out in front of him. He suffered a torn meniscus in his right knee and underwent surgery. He still suffers mobility issues and reduced strength in the right leg more than two years after the incident. His medical expenses totaled $40,000.

Trebelhorn sued Prime Group, the apartment owner and manager, and several other corporate landlords, alleging failure to properly repair or replace the cracked walkway. The plaintiff alleged that the walkway, which was supported by wood beams, began to deteriorate after years of deferred maintenance and that the defendants’ response was to order maintenance­ staff to spread a thin veneer of cement over the crack. Concealing dangerous deterioration at the complex was routine, the plaintiff claimed, adding that the defendants had previously ordered employees to paint over rotten beams to create an illusion of safety. The plaintiff did not claim lost income.

The jury awarded $20.29 million, including $20 million in punitive damages.

Citation: Trebelhorn v. Prime Wimbledon SPE, LLC, No. 16CV40959 (Or. Cir. Ct. Multnomah Cnty. May 18, 2018).

Plaintiff counsel: AAJ members Gregory Kafoury, Mark McDougal, Jason Kafoury, and Kathryn Clarke, all of Portland, Ore.

Plaintiff experts: Jack Applegate, building inspections, Eugene, Ore.; Glen Aker, physical therapy, Gresham, Ore.; Jacqueline Brady, rehabilitation, Portland; and David Larsen, general contracting, Tigard, Ore.