The jury’s verdict to give a Portland man $20.3 million after his leg punched through a decaying wooden stairway that his apartment complex had let to fall into disrepair was overturned by the Oregon Supreme Court on Thursday. The supreme court determined that even though Robert Trebelhorn had surgery and experienced chronic knee discomfort, it was “grossly excessive” to penalize the multinational firm that owns the complex $20 million.
Rather, the top court lowered Trebelhorn’s jury award to around $300,000 in compensatory damages and $5.3 million in punitive damages. According to state legislation, courtroom funds and recompense for crime victims must get 70% of punitive damages. The Supreme Court’s decision restricts jury verdicts that it deems excessive. Punitive damages that so vastly exceed compensatory damages for a plaintiff should be saved for “all but the most exceptional of cases,” the court has previously declared. However, Trebelhorn’s lawyers, Jason and Greg Kafoury, son and father, contended that the sum was justly awarded to convey the message that landlords engaging in such “reprehensible” behavior ought to face severe consequences. Jason Kafoury remarked, “It’s a sad day for our client and justice.”
“Today is a depressing day for justice and our client,” stated Jason Kafoury. “Neither Oregon’s Supreme Court nor any other court would have the power to reduce punitive damages imposed by a jury in a more just society,” Greg Kafoury continued. Attorney Matthew Casey, who practices law for Prime Wimbledon and Prime Administration, the companies that own and operate the apartments, did not pick up the phone on Thursday when a request for comment was made. Additionally, a call to the Wimbledon Square apartments in Southeast Portland—which are situated north of Reed College—was not answered.
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