Washington Imputed Fault Law

Arturo Alba and Guadalupe Alba v. Packaging Corporation of America

Richland, Washington personal injury lawyer presented the Plaintiffs who sued on negligence theories. This case was filed in Benton County Superior Court, 22-00002-01428-03, and was removed to federal court by Packing Corporation of America. The state of Washington is a pure comparative negligence state, meaning that the courts will take into account both parties' actions when de... More...

$1 (02-29-2024 - WA)

Farbod Amini and Laman Amini v. Crestbrook Insurance Company

Seattle, Washington insurance law lawyers represented the Plaintiff who sued the Defendant on bad faith breach of an insurance contract. This case was filed in the Island County Superior Court, 21-00002-00277-1, and was removed to federal court by the Defendant. Washington law provides protections for insureds against bad faith practices by insurance companies. Here's a breakdow... More...

$0 (01-08-2024 - WA)

Arlin K. Lidstrom, et aux. v. Scotlynn Commodities, Inc. and Ying H. Zhu

Spokane, Washington personal injury truck wreck lawyer represented the Plaintiffs who sued the Defendants on auto negligence theory claiming to have suffered more than $75,000 in damages and/or injuries. Duty of care: All drivers in Washington have a duty to operate their vehicles safely and follow traffic laws to avoid harming others. This includes avoiding behaviors like: ... More...

$0 (10-19-2023 - WA)

Gregory R. Butcher, et al. v. Stephen H. Ward, et al.

Spokane, Washington personal injury truck wreck lawyer represented the Plaintiffs who sued the Defendants on auto negligence theory claiming to have suffered more than $75 million in damages and/or injuries. This case was filed in the Spokane County Superior Court, 21-200541-32 9CCA, 22-35714 and was removed to federal court by the Defendants. Duty of care: All drivers in Wa... More...

$0 (08-02-2022 - WA)

Gladis Alvarado Martinez v. Akbal Singh and Ct Transport, Ltd.

Seattle, Washington personal injury truck wreck lawyer represented the Plaintiff who sued the Defendants on auto negligence theory claiming to have suffered more than $75,000 in damages and/or injuries. This case was filed in the King County Superior Court, 22-00002-16888-9 SEA, and was removed to federal court by the Defendants. Washington Auto Negligence Law: Duty of ... More...

$1 (12-15-2023 - WA)

Gladis Alvarado Martinez v. AC Transport, Ltd.

Seattle, Washington personal injury truck wreck lawyer represented the Plaintiff who sued the Defendants on auto negligence theories claiming to have suffered more than $75,000 in damages and/or injuries as a direct result of the failure of Akbal Singh failing to exercise due care in the operation of his semi-tractor trailer rig. Washington State auto negligence law operates under a pure ... More...

$1 (12-15-2023 - WA)

Courtney A. Little & James S. Little v. Rosauers Supermarkets, Inc. d/b/a Super 1 Foods

Walla Walla, Washington personal injury lawyers represented Plaintiffs, who sued Defendant on a premises liability negligence theory. Courtney Little was injured when she slipped and fell on ice while walking out of Super 1 Foods, a grocery store owned by Rosauers Supermarkets, Inc. Ms. Little and her husband sued for negligence, but their case was dismissed on summary judgm... More...

$0 (12-13-2022 - WA)

United States of America v. Shane Marcus Lloyd

<center> <img width="300" src="https://www.usmarshals.gov/district/wa-e/images/spo_fed_.jpg"> </center> Spokane, WA - Toppenish Man Sentenced to 30 Months in Federal Prison for Involuntary Manslaughter Shane Marcus Lloyd, age 30, of Toppenish, Washington, and an enrolled member of the Confederated Bands and Tribes of the Yakama Nation was sentenced today after having pleaded g... More...

$0 (04-29-2019 - WA)

Maria J. Morales v. Sony Fry and Brian Rees

The primary issue in this appeal is whether the “clearly established” prong of the qualified immunity analysis should be submitted to a jury. Following the lead of nearly all of our sister circuits, we conclude that it is a question of law that must ultimately be decided by a judge. Background This case arises from Maria Morales’s arrest during the May 1, 2012 “... More...

$0 (10-16-2017 - WA)

Brian Pellham v. Let's Go Tubing, Inc., et al.

This appeal asks: does an inner tube rental company owe a duty to warn a renter about a fallen log in a river when the log is hidden from but near the launch site, the river's current draws the tuber toward the log, the company knows of the fallen log, the company warns other tubers of the log, and the company chooses the launch site? To answer this question, interests, such as exh... More...

$0 (06-27-2017 - WA)

State of Washington v. Kareem Harris

To impose criminal liability, the conduct of the defendant must be both the cause in fact and the legal cause of the result. Kareem Harris seeks reversal of the jury conviction of premediated murder in the first degree of Wilbur Lee Gant. Harris contends insufficient evidence supports the jury finding that the injuries Gant suffered when Harris shot him at least five times at close... More...

$0 (05-30-2017 - WA)

ALEX TRAN V. ALLPAK CONTAINER, LLC

Plff, male age 24, palletizer. Plff had been working for two months as a temporary employee at Allpak Container as a palletizer. This was a fast-paced work environment position that required Plff to offload corrugated boxes from an offload line to a pallet on a SYSTEC conveyor-roller system. While palletizing one day, the pallet got stuck on the conveyor belt and Plff stepped on the free moving co... More...

$1 (01-02-2016 - WA)

VANESSA HERNANDEZ, INDIVIDUALLY V. ALFONSO L. GUDINO AND JANE DOE GUDINO, INDIVIDUALLY AND THE MARITAL COMMUNITY COMPRISED THEREOF; GREEN RIVER LANDSCAPE, INC., A WASHINGTON CORPORATION; JESSICA WILKINS AND JOHN DOE WILKINS, INDIVIDUALLY AND THE MARITAL COMMUNITY COMPRISED THEREOF; AND MICHAEL WILKINS AND JANE DOE WILKINS, INDIVIDUALLY AND THE MARITAL COMMUNITY COMPRISED THEREOF

Plff, female age 16, high school student. Plff was riding as a passenger in the rear middle seat of a vehicle that was struck in a “T-bone” collision in an intersection in Puyallup, Washington. The drivers of both vehicles claimed they had the green light and that the other driver was at fault.... More...

$1258334 (07-10-2015 - WA)

Michael J. Thompson v. Douglas A. Rutledge; Jason and Kimberly Smith; and Questech Unlimited, Inc.

Plff, male age 60, residential real estate agent; Plff had started a new career in real estate approximately three months before his collision. Plff was driving his Smart Car northbound on Newberg Road in rural Snohomish County, near granite falls, Washington. Plff’s vehicle struck an overturned dump truck that was in the middle of the roadway. The dump truck was being operated by Def. Rutledge ... More...

$1000000 (07-31-2015 - WA)

Valerie Smith v. State Farm Mutual Automobile Insurance Company

Plff, female age 57. Plff contended her vehicle was struck from the rear by an SUV, and he force of the impact caused her seat back to break. Plff settled her underlying claim against the at fault driver for $100,000 and brought this action for her UTM benefits.... More...

$479394 (02-09-2012 - WA)

Josette Taylor v. Intuitive Surgical, Inc.

Manufacturers have a duty to provide warnings to consumers about the risks of their products pursuant to the Washington product liability act (WPLA), chapter 7.72 RCW. In this case, a manufacturer sold a surgical device to a hospital, which credentialed some of its physicians to perform surgery with the device. The manufacturer's warnings regarding that device are at the heart ... More...

$0 (02-09-2017 - WA)

Dean Wilcox v. Steve Bashore, et al.

Dean Wilcox fell 50 feet through an open catwalk hatch onto a concrete floor. Having sustained severe injuries, he sued the on-site safety planner, Steven Basehore, for negligent planning causing the fall; Wilcox also named the safety planner's employer, Bartlett Services, Inc. (Bartlett), and an intermediary company, ELR Consulting, Inc. (ELR), in respondeat superior. Before trial... More...

$0 (02-09-2017 - WA)

In re Marriage of Zandi

This case asks if out-of-network health care costs qualify as "'[u]ninsured medical expenses"' under RCW 26.18.170(18)(d). Victor and Deanna Zandi's dependent daughter, T.Z., incurred approximately $13,000 in medical bills when she had a kidney stone removed while traveling outside the Kaiser Permanente network. The superior court ordered Victor Zandi to pay 7 5 percent of the cost... More...

$0 (02-17-2017 - WA)

Curtis Rookaird v. Burlington Northern Santa Fe Railroad Company (BNSF)

Seattle, WA - Former BNSF Employee Awarded $1.6 Million Curtis Rookaird, a former Burlington Northern Santa Fe Railroad Company (BNSF) brakeman, sued BNSF on a wrongful termination theory claiming that he was fired for conducting a brake test over the objections of his supervisors. He conducted a braking check on a 42 train cars, many of which were "placarded hazardous tank cars." <... More...

$0 (05-28-2016 - WA)

Ana Zavala v. Twin City Foods

The Board ofIndustrial Insurance Appeals closed Ana Zavala's industrial insurance claim, which ruling the Franklin County Superior Court affirmed. Zavala appeals and asks this court to reopen her claim or, in the alternative, to increase her disability rating. The appeal requires discussion ofthe "lit up" doctrine under workers' compensation law. Zavala primarily argues that her testimony and the ... More...

$0 (02-12-2015 - WA)

Robert Runn v. Terry L. Riely and Petra E. Riely

Terry and Petra Riely (the Rielys) appeal the trial court' s judgment awarding damages to Robert Gunn for timber trespass on Gunn' s property. The Rielys argue that the trial court erred when it (1) applied RCW 4.24.630, the waste statute, instead ofRCW 64. 12. 030, the timber trespass statute; (2) did not consider the Rielys' affirmative defense that Oasis Well Drilling Oasis) was... More...

$0 (01-21-2015 - WA)

State of Washington v. Darcus DeWayne Allen

In November 2009, Maurice Clemmons shot and killed four Lakewood police officers. Darcus Dewayne Allen, the petitioner in this case, drove Clemmons to and from the crime scene and was charged as an accomplice. We must decide whether the prosecuting attorney committed prejudicial misconduct by misstating the standard upon which the jury may convict an accomplice. In a divided de... More...

$0 (01-15-2015 - WA)

United States of America v. Dr. Gavin Dry

Kirkland, WA - A plastic surgeon who practices in Kirkland, Washington has agreed to settle federal civil penalty claims brought by the U.S. Attorney's Office on behalf of the Federal Drug Enforcement Administration (DEA). Based on evidence and information obtained through its investigation, DEA contends that from 2007 through 2011, Dr. Gavin Dry forged at least 265 prescriptions under another ph... More...

$0 (03-31-2014 - WA)

Cindy Lee Garcia v. Google, Inc.

While answering a casting call for a low-budget amateur film doesn't often lead to stardom, it also rarely turns an aspiring actress into the subject of a fatwa. But that's exactly what happened to Cindy Lee Garcia when she agreed to act in a film with the working title "Desert Warrior.â€ The film's writer and producer, Mark Basseley Youssefâ€”who also goes by the names Nakoula Basseley ... More...

$0 (02-28-2014 - WA)

Fairway Estates v. Unknown Heirs And Devisees Of Robert D. Young, Et Al,

The Fairway Estates Association of Apartment Owners -- a condominium association comprised entirely of persons owning their apartment units by way of leasehold -- appeals from the trial court's determination that its statutory lien for unpaid assessments attaches only to a member's leasehold interest in that unit. The Association asserts that, because both the relev... More...

$0 (12-06-2012 - WA)

Albert Davis v. Fred's Appliance, Inc.

This appeal follows the summary dismissal of a suit for employment discrimination. The suit is based on claims of retaliatory discharge, discrimination, and defamation. A co-worker or store manager (the parties dispute his authority with the defendant employer) referred to a heterosexual employee as "Big Gay Al." That name apparently comes from a popular te... More...

$0 (10-23-2012 - WA)

James A. Bird v. Best Plumbing, LLC

When an insured defendant believes its insurer is refusing to settle a plaintiff's claims in bad faith, the insured can negotiate an independent pretrial settlement with the plaintiff. These settlements typically involve a stipulated judgment against the insured, a covenant not to execute on that judgment against the insured, and an assignment to the plaint... More...

$0 (10-25-2012 - WA)

Jane Doe v. Olympia School District

The parents of a child molested by a former Olympia School District bus driver sued the school district on a negligence theory claiming the school negligently failed to prevent the abuse. Plaintiff claimed that the school district failed to follo its own "safety rule" that stated that "staff interactions with students must serve an educational purpose" in allowing Shafer to ride next to children. ... More...

$1400000 (09-29-2012 - WA)

Julie Anderson v. Akzo Nobel Coatings, Inc.

The trial court in this case ruled that under Washington courts' application of Frye v. United States, 54 App. D.C. 46, 293 F. 1013 (1923), there must be general acceptance in the relevant scientific community that a particular type of in utero toxic exposure can cause a particular type of birth defect before expert testimony on causation is admissible. We disagree. We hold that the Frye tes... More...

$0 (09-28-2011 - WA)

Madhuri Patel v. Kent School District

A.H., a developmentally disabled high-school student, had several sexual encounters with another developmentally disabled student in a school bathroom. Her mother alleges these encounters were the result of the school's failure to properly supervise A.H. We must decide whether the mother, individually and on behalf of A.H., has a cognizable Fourteenth Amendment due process claim against A.H.'s spe... More...

$0 (07-11-2011 - WA)

Larry Michaels v. CH2M Hill, Inc.

There was a catastrophic failure at the Spokane wastewater treatment plant. One man was killed, two others were severely injured. The survivors successfully sued an engineering firm that was working with the city at the time. We must decide whether that firm enjoys Industrial Insurance Act immunity under RCW 51.24.035. The appellants also challenge the trial judge's rulings on duty, cause... More...

$0 (05-26-2011 - wa)

Monika Johnson v. Recreational Equipment, Inc.

The Washington product liability act (WPLA), chapter 7.72 RCW, sets forth a statutory form of vicarious liability whereby a product seller assumes the liability of a manufacturer where a product is marketed under the seller's brand name. Because permitting the product seller to attribute fault to the actual manufacturer would abrogate this provision of the WPLA, principles of comparative fault do ... More...

$0 (02-07-2011 - WA)

Patricia Miller v. Mount Baker Ski Area

Patricia Miller sued the Mount Baker Ski Area on a negligence theory claiming that she sustained a spinal cord injury that left her paralyzed when an accumulation of ice and snow on the roof broke loose and collapsed on her. Plaintiff sought more than $8 million in compensatory damages. Defendant claimed that Plaintiff was comparatively at fault because she ignored warning sings and entered... More...

$0 (09-11-2010 - WA)

ProShipLine, Inc. v. Aspen Infrastructures, Ltd., et al.

Plaintiffs-appellants ProShipLine, Inc. and EP-Team, Inc. appeal from two district court decisions in favor of defendantappellee Aspen Infrastructures Ltd. Both decisions involve a writ of maritime attachment that ProShipLine and EP-Team obtained against Aspen pursuant to Rule B of the Supplemental Rules for Certain Admiralty and Maritime Claims to the Federal Rules of Civil Procedure ("Rule Bâ�... More...

$0 (06-08-2010 - WA)

Proshiplilne, Inc. v. Aspen Infrastructures, Ltd.

The litigants' legal relationship formally began on April 9, 2006, when EP-Team1 and Aspen2 entered into the Sales and Logistics Services Agreement. Under the Agreement, ProShipLine, 3 as EP-Team's designated agent and assignee, agreed 1EP-Team is incorporated in Delaware. EP-Team is a consulting and management enterprise that works with companies across a variety of business sectors. At ... More...

$0 (02-05-2010 - WA)

Cell Therapeutics, Inc. v. Lash Group, Inc.

The False Claims Act ("FCAâ€) was designed to encourage reporting of false or fraudulent claims that are submitted to the federal government for approval or payment. Typically a relatorâ€”a whistle-blowing employee, a business partner or competitorâ€”brings suit "for the benefit of the United States.â€ Mortgages, Inc. v. U.S. Dist. Ct., 934 F.2d 209, 210 (9th Cir. 1991) (per cu... More...

$0 (01-06-2010 - WA)

Cell Therapeutics, Inc. v. Lash Group, Inc.; Documedics Acquisition Co., Inc.

The False Claims Act ("FCAâ€) was designed to encourage reporting of false or fraudulent claims that are submitted to the federal government for approval or payment. Typically a relatorâ€”a whistle-blowing employee, a business partner or competitorâ€”brings suit "for the benefit of the United States.â€ Mortgages, Inc. v. U.S. Dist. Ct., 934 F.2d 209, 210 (9th Cir. 1991) (per cu... More...

$0 (11-19-2009 - WA)

Amber L. Kappelman v. Theodore J. Lutz

Amber Kappelman was injured while riding on Theodore Lutz's motorcycle when the motorcycle hit a deer. In Kappelman's suit for damages, the trial court disallowed evidence that Lutz did not have a motorcycle endorsement and violated the conditions of his instructional permit. The court also gave an instruction to the jury on the lesser duty of one confront... More...

$0 (09-17-2009 - WA)

Thomas R. Dreiling v. America Online, Inc.; Infospace, Inc.

Thomas R. Dreiling, a former InfoSpace, Inc. ("InfoSpaceâ€) shareholder, filed a derivative shareholder action against America Online, Inc. ("AOLâ€), seeking disgorgement of AOL's profits derived from the sale of its Info- Space stock. Dreiling based his theory of liability on allegations that Naveen Jain, InfoSpace's CEO, formed a beneficial stock ownership group (in his personal capaci... More...

$0 (08-20-2009 - WA)

Paul A. Stoot, Sr., et al. v. City of Everett, et al.

Based solely on statements by a four-year-old that she had been sexually abused when she was three, Everett Police Detective Jon Jensen seized and interrogated plaintiff Paul Stoot II for almost two hours in the principal's office at Paul's school. Near the end of the interrogation, Paul stated that he had molested the victim three times. The confession was then used to file criminal charges again... More...

$0 (08-14-2009 - WA)