Our law firm was not involved in the personal injury lawsuit described in this article.

A woman injured in a motor vehicle accident served the Washington Secretary of State because she was unable to locate the other driver to effect personal service.  The trial court entered a default judgment.  The court awarded $12,000 in general damages, $9,163.15 for past medical damages, $1,890.72 for property damage, $28,600 for future medical damages, $23,346.13 for past lost wages and future earning capacity, and $1,244.91 for statutory costs, for a total of $76,244.91.

The other driver’s insurance company, Farmers Insurance Company, was notified of the default judgment and promptly located their insured and filed a motion to vacate the default judgment.

The court vacated the default judgment finding that the defendant acted diligently in pursuing the motion to vacate, that the failure to appear was reasonable, and that she established substantial evidence of a prima facie defense to damages.

The plaintiff appealed. Read the rest of this entry »

Our law firm was not involved in the personal injury lawsuit described in this article.

The Washington Court of Appeals ruled on a case in which it was alleged that an oil slick from a truck on the interstate highway caused a vehicle to loose control and leave the highway, rolling over several times.[1]

A truck driver for an oil company drove northbound for several miles on Interstate-5  before noticing that a suction hose had broken loose from its compartment and dragged on the ground behind the truck. At the time, a motorist driving on I-5 with her two children in the backseat hit a “slick” area and began “sliding all over the freeway”, lost control, and slid off a steep embankment and rolled three or four times causing injuries.

The motorist filed a complaint in Pierce County Superior Court asserting a claim of negligence against the petroleum company and the driver requesting damages for past and future medical expenses, lost earnings, physical and mental pain and suffering, past and future physical disabilities, loss of capacity to enjoy life, prejudgment interest, and “all items of special damages.”

Each party moved for summary judgment. Read the rest of this entry »

In a recent decision the Washington Court of Appeals upheld dismissal of a personal injury claim as time barred.[1] The plaintiff’s attorney named and served Elizabeth Loeliger rather than Elisabeth Loeliger. Read the rest of this entry »

This question comes up occasionally. The answer is generally, no. Read the rest of this entry »

A parent is liable for injury caused by a family member driver (typically a minor) if

1. The vehicle is owned, provided, or maintained by a parent
2. for the general use, pleasure, and convenience of family members
3. a family member for whom the vehicle is maintained was driving the vehicle at the time of the accident, and
4. the vehicle was operated with express or implied consent of the parent.[1]

Even if the vehicle is being used in an unauthorized manner at the time of the accident the parent may still be liable. [2]

The parent may also be liable for a third person operating such a vehicle if a family member entrusted the vehicle to the third person, such as a non-family member driving the vehicle to run an errand for the family. [3]

[2] Cameron v. Downs, 32 Wn.App. 875 (1982).

[3] Cameron v. Downs; Davis v. Browne, 20 Wn.2d 219 (1944).