Odd

Sleeping woman falls out of bed and through her third-story window - and now she is suing the apartment building for $230K

Nasty wake up call: Shelbi Macholz was sleeping at her boyfriend's place in Corvallis, Oregon, last summer when somehow, in the middle of the night, she tumbled out of bed and out the nearby window

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  • Shelbi Macholz was sleeping at boyfriend's apartment in Cornvallis, Oregon
  • While sleeping she fell from third-story window at 4.38am on July 27, 2014
  • Suffered fractures to her pelvis, tailbone and lower back
  • Claims the managers of the building should have had guards on the windows
  • Suing for $80,000 for medical costs and $150,000 for pain

 

A woman who had a nasty wake up call at her boyfriend's apartment is now out for restitution.

Oregon State University student Shelbi Macholz was sleeping at her boyfriend's place near the OSU campus in Cornvallis last summer when somehow, in the middle of the night, she tumbled out of bed and out the nearby window.

Macholz, who was 22 at the time, fell three floors to the ground below, suffering fractures to her pelvis, tailbone and lower back. 

Now she is suing the company that owns the building for $230,000 to cover her medical expenses and other costs associated with the pain she has suffered.

 
'Unreasonable risk of harm': In her lawsuit against the building, Mascholz claims that the windows should have been fitted with a guard like the one pictured here, which would have stopped her falling

'Unreasonable risk of harm': In her lawsuit against the building, Mascholz claims that the windows should have been fitted with a guard like the one pictured here, which would have stopped her falling

Macholz seeks up to $80,000 for medical costs and $150,000 for pain, according to Oregon Live.

The lawsuit does not explain how Macholz came to fall.

It says she was sleeping in a bed near an open window on July 27, 2014.

Police were called to the apartment complex on Southwest A Avenue at 4.48am and found Macholz on the sidewalk, in a lot of pain and having difficulty breathing.

She was rushed to Good Samaritan Regional Medical Center in Corvallis and later Legacy Emanuel Medical Center in North Portland, her suit states. 

Macholz is suing Principle Property Management, who manage the building in Corvallis.

The suit asserts that the firm 'knew or should have known of its duties to protect tenants and their guests from conditions that create an unreasonable risk of harm'.

The suit states that the window should have been fitted with an appropriate guard.

Shelbi Macholz, who was 22 at the time of the incident, fell three floors to the ground below, suffering fractures to her pelvis, tailbone and lower back

Shelbi Macholz, who was 22 at the time of the incident, fell three floors to the ground below, suffering fractures to her pelvis, tailbone and lower back

The lawsuit was filed on Monday in Lane County Circuit Court, according to The Register-Guard. 

The suit is considered extremely rare.

Most victims who fall out of windows are five-years-old or younger.

 

Reported cases of adults falling from windows almost always involve sleepwalking.

Macholz claims that Principle Property Management she have warned her 'of the latent danger of fully opening a window on the third floor of an apartment building'.

Neither Macholz or Principle Property Management have commented on the suit. 

Injured and in pain: Macholz, seen here in a photo from her Facebook, broke bones and was in pain from the fall

Injured and in pain: Macholz, seen here in a photo from her Facebook, broke bones and was in pain from the fall 

Larry White
By Larry White 29/07/2015 16:37:00
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