The plaintiff sustained a brain injury after her bicycle struck an empty bollard housing on a municipal recreational trail.
She sued the municipality under the Occupiers' Liability Act.
The court found the municipality 100% liable, holding that leaving an unpainted, unlocked, and easily removable bollard housing exposed on the trail amounted to reckless disregard for the safety of cyclists.
The court rejected arguments of contributory negligence and found the accident caused the plaintiff's post-concussion syndrome, rendering her competitively unemployable in her previous field.
Damages for past and future income loss were awarded in the amount of $737,339.72.
