Akin v. ROIC Oregon, LLC
CourtCourt of Appeals of Oregon
Date FiledOctober 21, 2026
DocketA184261
JudgeEgan
StatusUnpublished
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Full Opinion
No. 1018 October 21, 2026 91
This is a nonprecedential memorandum opinion
pursuant to ORAP 10.30 and may not be cited
except as provided in ORAP 10.30(1).
IN THE COURT OF APPEALS OF THE
STATE OF OREGON
Rita AKIN,
Plaintiff-Appellant,
v.
ROIC OREGON, LLC,
Defendant-Respondent.
Multnomah County Circuit Court
21CV48553; A184261
Beth A. Allen, Judge.
Argued and submitted December 17, 2025.
James R. Gregory argued the cause and filed the briefs
for appellant.
Bruce C. Smith argued the cause for respondent. Also on
the brief was Lewis Brisbois Bisgaard & Smith LLP.
Before Aoyagi, Presiding Judge, Egan, Judge, and Pagán,
Judge.
EGAN, J.
Affirmed.
92 Akin v. ROIC Oregon, LLC
EGAN, J.
In this civil action, plaintiff appeals the trial court’s
judgment granting summary judgment to defendant after
plaintiff brought a negligence action against defendant for
injuries she sustained after tripping over a parking block in
defendant’s parking lot. The trial court granted summary
judgment in favor of defendants, determining that plaintiff
had failed to show an issue of fact as to whether the park-
ing block created an unreasonable risk of harm. Plaintiff
appeals, assigning error to that ruling. We affirm.
On a sunny day, plaintiff parked her car in an ADA-
designated parking space, and, as she began to walk toward
the building, she tripped over a parking block, falling and
striking her head and body on a metal railing and on the
ground. The parking block at issue was located at the head
of a parking space and contained four bright yellow verti-
cal stripes. Plaintiff parked to the right of the center of the
parking space, only covering the right two yellow stripes,
and leaving the left two yellow stripes exposed. Plaintiff
stated that she did not see the yellow markings on the park-
ing block, as her “attention was focused on the curb, the
sidewalk, and the railing adjacent to the sidewalk.”
Defendant moved for summary judgment, contend-
ing that plaintiff had failed to present evidence from which
a jury could find the parking block created an unreasonable
risk of harm to plaintiff. Plaintiff opposed the motion.
The trial court granted defendant’s motion, reason-
ing that the evidence did not raise genuine issues of mate-
rial fact and that defendant was entitled to prevail because
the parking block did not—as a matter of law—create an
unreasonable risk of harm. It reasoned that even in the
light most favorable to plaintiff, the evidence established
that the four yellow stripes created a visual contrast; the
stripes were the same height as the block, demonstrating
the height of the block; the stripes were not obscured, dis-
solved, faded, or otherwise diminished in appearance; plain-
tiff parked off the center of the parking spot, making the
left two yellow stripes visible to plaintiff; the parking block
was not in an unexpected location; plaintiff presented no
Nonprecedential Memo Op: 354 Or App 91 (2026) 93
evidence that the parking block was defective, or uneven, or
had some irregularity that created a risk of harm; and there
was no history of tripping incidents involving the parking
block at issue. This appeal followed.
Plaintiff alleges that the trial court erred in grant-
ing summary judgment because a reasonable jury could
find that the parking block, combined with the presence of
collateral factors, created an unreasonable risk of harm to
plaintiff.
We review a trial court’s grant of summary judg-
ment to determine whether “the pleadings, depositions, affi-
davits, declarations, and admissions on file show that there
is no genuine issue as to any material fact and the moving
party is entitled to prevail as a matter of law.” ORCP 47 C.
No issue of material fact exists if, viewing the evidence in
the most favorable light to the nonmovant, “no objectively
reasonable juror could return a verdict for [plaintiff] on the
matter that is the subject of the motion for summary judg-
ment.” Id.
Under Oregon law, possessors of land have a duty
“to make their property reasonably safe for their invitees.”
Hughes v. Wilson, 345 Or 491, 497, 199 P3d 305 (2008).
Hence, possessors must “exercise due care to discover con-
ditions on the premises that create an unreasonable risk of
harm to invitees or warn them of the risk so as to enable
them to avoid the harm.” Hagler v. Coastal Farm Holdings,
Inc., 354 Or 132, 141, 309 P3d 1073 (2013). The issue before
us is whether, viewing the evidence in the light most favor-
able to plaintiff, any reasonable juror could find that the
parking block, along with collateral factors, created an
unreasonable risk of harm to plaintiff.
When determining the existence of an unreasonable
risk of harm, courts may consider collateral factors such as
the time of the accident, the weather, visual obstructions,
structural flaws, and any history of similar prior incidents.
Glorioso v. Ness, 191 Or App 637, 644, 83 P3d 914, rev den,
336 Or 657 (2004). A plaintiff need not prove that the condi-
tion was unreasonably dangerous to establish that it posed
an unreasonable risk of harm. See Ault v. Del Var Properties,
94 Akin v. ROIC Oregon, LLC
LLC, 281 Or App 840, 846, 383 P3d 867 (2016), rev den, 361
Or 311 (2017) (distinguishing an unreasonably danger-
ous condition from a condition that poses an unreasonable
risk of harm and holding that a deceptively level appear-
ance—i.e., the unexpected location of an uneven pavement
edge—along with nearby distractions presented a genuine
question of material fact for a jury).
The trial court correctly determined that plain-
tiff failed to present sufficient evidence to create a genuine
issue of material fact. The parking block had been prop-
erly installed and placed in an expected location (i.e., at the
head of a parking space). The parking block was marked
with bright yellow vertical stripes, illustrating the height
of the block and creating contrast against the black pave-
ment. Aside from that, plaintiff presented no evidence of
inadequate lighting, slippery conditions, or a history of prior
accidents involving the parking block. Plaintiff’s declaration
stated that her attention was focused on the curb, the side-
walk, and the railing, but it did not state that the parking
block was not visible. Accordingly, the trial court did not err
in granting summary judgment.
Affirmed.