Class Warrior Beaten by Lower Class

Breaking news: Cyclist in Well-Publicized Scrape with TriMet Awarded $601
BY ALICE JOY ajoy at wweek.com

[November 8th, 2006]

In a case closely watched by Portland's biking community, a cyclist beaten up by a TriMet passenger was awarded $601 by an arbitrator Thursday.
Cyclist Randy Albright had sought about 80 times that amount—about $48,000—in pain-and-suffering damages from TriMet. He contended the agency was negligent because one of its bus drivers encouraged a passenger to beat up Albright and then let the passenger back on the bus.
The attack left Albright with a split lip requiring an emergency-room visit.
But arbitrator Gregory K. Zeuthen found that both TriMet and Albright were at fault for the incident and Albright's injuries.
The cyclist was punched by the unidentified passenger while Albright was riding his bike Jan. 22, 2004, on the Hawthorne Bridge.
Albright had been biking to work when, according to his testimony, he was nearly sideswiped by the bus driven by Harold R. Cooper. (The driver died last year.)
Albright caught up with the bus and pulled in front of it, demanding an apology.
The assailant exited the bus and proceeded to punch Albright repeatedly. He then reentered the bus. According to several witnesses, Cooper cheered on the action.
Zeuthen found that, although Cooper may not have known that the assailant would act violently towards Albright, the driver's action in letting the man get back on the bus after the attack, and not reporting the incident until later, was negligent.