A man is suing Lincoln County over injuries he sustained after crashing his motorcycle near Toledo last year, claiming the hazardous condition of the road caused the wreck.
According to a complaint filed July 13 in Lincoln County Circuit Court, county resident Charles Brown was riding his motorcycle on July 24, 2021, on Criteser Loop, an approximately 2.5 mile stretch of road that connects to Yaquina Bay Road just east of the Toledo Paddle Park and comes out on the same road just west of the entrance to the Port of Toledo.
Brown’s complaint says he was in the 11000 block of Criteser Loop where there was “a long portion of sunken grade resulting in a several-inch-high lip in the pavement,” and his motorcycle struck that lip, causing him to lose control of the vehicle and careen off the embankment.
The motorcyclist was ultimately transported via Life Flight helicopter to Good Samaritan Regional Medical Center in Corvallis, where he was treated for a broken breastbone and other injuries.
The complaint, filed on behalf of Brown by attorney Benjamin España with the firm Strong Law of Tacoma, Washington, names the county itself by and through the board of commissioners, as well as the public works department, and it alleges negligence for failing to maintain or repair the roadway.
“Prior to the subject motor vehicle collision, there were no indications or warnings regarding the disrepair of the roadway,” the complaint reads. “Plaintiff did nothing to negligently contribute to causing the accident.”
Brown is seeking reimbursement for medical costs associated with his injuries — $32,218 to Life Flight Network for the helicopter ride to the hospital; $1,584 to Pacific West Ambulance for initial transport; $15,972.97 to Good Samaritan Regional Medical Center; and $829 to the Samaritan Toledo Clinic, for a total of just more than $50,000.
Brown’s complaint also asks for damages for continuing physical and emotional suffering and future loss of enjoyment of life in an amount to be determined by the jury, but not to exceed $150,000.
Court records indicate the defendants have not yet been served with the lawsuit, and the case was assigned to Judge Marcia Buckley.
County Counsel Kristin Yuille told the News-Times via email, “The county is not able to comment on pending litigation regarding Mr. Brown’s motorcycle accident.”
A News-Times reporter traveled the length of Criteser Loop in an SUV and was unable to locate the sunken grade or lip in the pavement described in the complaint. Most of the loop is unpaved, and the graveled section is marked on either side with signs that read “narrow and winding road.”
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