Yearly Archives: 2010
Court Dismisses Case for Improper Service of Summons and Complaint
Our law firm was not involved in the personal injury lawsuit described in this article. In a recent decision the Washington Court of Appeals considered an issue of service of a summons and complaint. [1] Proper service of the summons and complaint is a prerequisite to the court obtaining jurisdiction over a party, and a […]
Continue readingMedical Malpractice Statute Notice Requirements Declared Unconstitutional
Our law firm was not involved in the personal injury lawsuit described in this article. Washington medical malpractice statutes had required an injury claimant to both obtain a certificate of merit from an expert before filing suit and to give 90 days notice to a health care provider before filing suit.
Continue readingLandowner Duty to Police in Washington
Our law firm was not involved in the personal injury lawsuit described in this article. In a recent premises liability case Division One of the Washington Court of Appeals considered what duty, if any, a landowner owes to a police officer.[1] On the night of December 20, 2005, a King County Sheriff’s Department Deputy entered […]
Continue readingWoman Claiming Injury Unsuccessfully Argues Appeal Without an Attorney
Our law firm was not involved in the personal injury lawsuit described in this article. A woman who fell and was in injured appealed the trial court results. She unsuccessfully argued her appeal without the assistance of an attorney.
Continue readingAuto Accident Injury Victim’s Default Judgment Set Aside
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 […]
Continue readingOil Slick from Truck Allegedly Causes Accident
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 […]
Continue readingCourts Decide Slip and Fall Case
Our law firm was not involved in the lawsuit described in this article. The Washington Court of Appeals recently upheld the dismissal of a case in which a person was injured on another’s land. The injured party was a truck driver who had been inspecting a load and fell while walking on an ungraded area […]
Continue readingCourts Review Tort Claim Form Requirements
Our law firm was not involved in the lawsuit described in this article. Anyone making a claim against a government body in Washington must complete and serve a tort claim form prior to filing a lawsuit. In a recent case the trial court dismissed a lawsuit because the claimant listed damages as “undetermined pending further […]
Continue readingCourt Denies Injury Victim Attorney Fees
Our law firm was not involved in the lawsuit described in this article. Generally each side in a lawsuit must its own attorney fees unless there is fee shifting by contract or a legal exception. Under some circumstances an insurance company may have to pay part of an injury victim’s attorney fees and legal expenses. […]
Continue readingCourt Rules Insurace Policy Covers Diminished Value to Vehicle
Our law firm took no part in this decision. After the plaintiff’s vehicle sustained damage in a collision his insurance carrier paid the full cost of repairs, less a deductible. The plaintiff claimed that the policy covered loss for the diminished value of his vehicle, but his insurance company disagreed. The plaintiff filed a class […]
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