Ex-Ore. Deputy Fire Marshal Sues Over Broken Chair

Feb. 10--A former deputy fire marshal with Tualatin Valley Fire & Rescue is suing OfficeMax for $468,000 after a chair he bought collapsed, causing him to strike his head as he fell.

James Everitt, who weighs about 280 pounds, told the sales representative at OfficeMax that because he was a person of "large stature," he needed to be sure a new chair could support him, according to the suit filed Thursday in Multnomah County Circuit Court.

"He had an issue before with a chair breaking -- he and the department were being extra cautious in buying a new one," said Roscoe Nelson Jr., the Portland attorney representing Everitt.

According to the suit, the sales representative assured him that the "Art Deco" chair would withstand use by a person of his stature. He bought the chair on April 13, 2010 and later that same day, a leg of the chair broke, causing him to hit a desk and a filing cabinet with his head, shoulders and knee as he fell to the floor. The bang was so loud that Everitt's co-worker thought Everitt had been shot through a window, Nelson said.

Everitt was taken to the emergency room, and has racked up nearly $8,000 of medical expenses, which he expects to grow by another $10,000. Nearly two years later, he still suffers back pain and takes medication daily for it.

In addition to medical costs, Everitt is seeking $450,000 for pain and suffering, including scarring to his knee cap, "severe shock to his nervous system," "general physical and mental pain" and back pain.

Nelson said he's discovered that the chair is sold with either a metal base or a plastic base, and that Everitt received the plastic version when he should have received the metal version.

Everitt worked out of TVF&R's South Operating Center in Tualatin. He has since retired from his job, although his retirement is unrelated to his injuries, Nelson said.

-- Aimee Green; Follow o_aimee on Twitter

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