Category Archives: Washington Personal Injury Law
Court of Appeals Throws Out Attorney Fee Award
Our personal injury law firm did not participate in this lawsuit. In a recent unpublished opinion the Washington Court of Appeals reaffirmed the established rule that statutory offers under attorney fee shifting statutes must be made prior to mandatory arbitration hearings. Although the plaintiff prevailed before the trial judge on her personal injury claims, the […]
Continue readingTenant Injured in Dock Collapse Wins Victory on Appeal
Our Seattle personal injury attorney did not participate in the lawsuit described. The Washington Supreme Court in a recent personal injury case ruled on the doctrine of res ipsa loquitur.[1] Res ipsa loquitur means “the thing speaks for itself”.“The doctrine of res ipsa loquitur spares the plaintiff the normal requirement of proving specific acts of […]
Continue readingCourt 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 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 readingNursing Home Rape Victim’s Claim Gets New Life on Appeal
Our law firm did not participate in this case. The plaintiff, an elderly woman who suffered from severe dementia, was living in a nursing home and a male patient sexually assaulted her. She died 13 months later without ever being able to describe the assault or its effect on her. She sued the nursing home […]
Continue readingService of Pleadings on Babysitter Leads to Dismissal of Injury Claim
Our law firm was not involved in this case. The Washington Court of Appeals rendered a decision in an injury case in which the the process server served the initial pleadings on the babysitter, rather than the defendant who had allegedly caused injury to the plaintiff.[1] Before the injured party’s attorney discovered the error the […]
Continue readingWashington Supreme Court Rules On Judicial Immunity
By Seattle Personal Injury Lawyer Scott Eller Last month the Washington Supreme Court issued a decision in a case in which the Court considered an issue of judicial immunity.[1] A sheriff deputy escorted an inmate from a courtroom to the jail on the instructions of the judge. She did not handcuff the inmate. The inmate […]
Continue readingCourts Reject Injury Attorney’s Fees as too High
By Seattle Personal Injury Lawyer Scott Eller A recent Court of Appeals decision upheld the trial court’s ruling that attorney fees requested by an injury attorney were unreasonable.[1]
Continue readingCase Law and Personal Injury
It is common in politics to criticize courts for “legislating from the bench”. The argument is that courts have no role in formulating broad public policy. For most of the legal history of this and other English speaking countries in many areas of the law there was no legislation on point. Instead, the courts developed […]
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