Blind Runner Who Sued Portland Over Injury Moves Closer to Court

It was the summer of 2009 and Emily Johnson, a legally blind woman, was running through Tom McCall Waterfront Park when she tripped through a hole, badly injuring her knee.

She is now permanently disabled as a result, has undergone four surgeries, and has been trying to get her day in court.

She is now one step closer to seeing that happen.

Johnson originally filed suit against the City of Portland, arguing the hole was a result of maintenance workers fixing a broken sprinkler leaving the hole uncovered.

The workers later said he had left an orange cone marking the hole but it had disappeared when Johnson ran by.

Lawyers for Portland said the city was protected by Oregon's Public Use of Lands Act, which basically says if you don't charge the public for using your land for recreation, you can't be held liable.

A judge dismissed the suit.

Johnson's lawyers refiled, just naming the employees who made the hole.

While the suit was again dismissed, when Johnson appealed to the Ninth Circuit Court of Appeals, the higher court asked the Oregon State Supreme Court to rule if the employees were covered by the Public Use of Lands Act.

This week the State Supreme Court said no.

That means the Ninth Circuit could - but are not required to - allow Johnson's suit to finally move forward.