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Last Entry: October 27, 2009 at 07:25:00

Woman Injured In Hit-and-Run; State Patrol Seeks Info

Posted on October 27, 2009
A Kent woman, 22, was seriously injured in a hit-and-run accident and now State Patrol is look for people that may have witnessed the accident. Officers responded to a car vs. pedestrian report at 5:00 a.m. on Highway 515. When they arrived, the victim was found in the middle of the northbound lanes...

Cruise Ships--The H2 of the Sea

Posted on June 21, 2009
There's a close relationship between boats and the environment. Marketing materials--particularly for cruise ships--show vessels in pristine blue waters with fish whales and dolphins in close proximity. The New York Times ran an article this weekend regarding the damage cruise ships do to our oceans and coasts...

Holland America's Medical Personnel--Health Care Providers or Investigators?

Posted on June 15, 2009
I've blogged about Holland America's responsibility for the health care provided on board its ships. This blog is a little bit different. I think everyone would agree that curative treatment should be a health care providers' top priority. But review of the records in numerous Holland America cases suggests that health care providers on board Holland American vessels place equal emphasis on documenting facts that give Holland America a leg up on the passenger should the passenger file a claim...

Slip and Falls: Not Just in the Produce Aisle

Posted on June 11, 2009
Slip and fall accidents are among the most common causes of injuries on boats. Decks are made of fiberglass, wood, or steel. All can be slippery. Water, grease, scales and fish oil are just some of the factors that contribute to the equation. Oftentimes variations of fiberglass, wood, or steel are used on walking surfaces in an apparent effort to make slip and falls less likely...

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Boating Safety and Life Jackets

Posted on June 03, 2009
Boating safety is an important topic in the Pacific Northwest. There are more boats per capita here than any other part of the country. And with opening day having come and gone and unexpectedly great weather this June virtually everyone - whether they have a boat or not - wants to be on the water...

InjuryBoard member leads the fight to hold Southwest Airlines accountable for passenger poisoning

Posted on May 14, 2009
Seattle, Wa—Injury Board attorney, Alisa Brodkowitz, recently appeared on Seattle's King 5 local news (click for video) to discuss her Petition against Southwest Airlines on behalf of twin sisters poisoned by the airline. This saga began in January when Brodkowitz's clients, Victoria and Valerie Vaughn, passengers on Southwest flight 1705 from Los Angeles, became seriously ill after a mist filled the passenger compartment of the aircraft...

The Recession and Client Cost Advances

Posted on March 17, 2009
People are becoming increasingly cost conscious. It is a natural reaction to the recession. This level of cost consciousness has already started to affect the way personal injury cases are handled and the dialog between injured clients and their attorneys...

Subrogation Shouldn't Affect Settlement Decision

Posted on February 14, 2009
Washington law allows persons who have been hurt to recover their medical expenses even if they didn’t pay for them. But in most cases it wouldn’t be fair to allow injured persons to keep that recovery related to medical expenses if they didn’t pay for them...

Civil Rule No. 3--Super Bowl Sunday--Kickoff

Posted on February 02, 2009
I started writing this during the long run-up to the Super Bowl on Sunday. It seemed timely. Civil Rule 3 deals with the commencements of actions. It reads: (a) Methods. Except as provided in rule 4.1, a civil action is commenced by service of a copy of a summons together with a copy of a complaint, as provided in rule 4 or by filing a complaint...

Civil Rule No. 2 (Boring)/Civil Rule 2A (At the Center of Numerous Conflicts)

Posted on January 31, 2009
Civil Rule 2 is probably the least interesting out of the 86 Civil Rules. It reads: There shall be one form of action to be known as "civil action." Wow. Fortunately there is also Civil Rule 2A. It's more exciting...and is frequently in the middle of headed conflicts in personal injury cases...

Civil Rules

Posted on January 30, 2009
Cases filed in superior court are governed by the Civil Rules. There are 86 civil rules. Although some are more relevant to personal injury actions than others, all or almost all of them eventually come into play. This is the first entry in a series that discusses each of the Civil Rules and its effect on personal injury litigation...

Don't Overplay Your Hand: Plaintiffs Frequently Make the Wrong Choice

Posted on January 14, 2009
This summer the New York Times published an article about the choices made by individuals whether to settle their personal injury lawsuits and the typical outcome at trial following these decisions. The article indicated that typically individuals overestimated their likelihood of success at trial and end up doing worse financially as a result of trying the case than they would had they settled it...

Dog Bites, Third Party Claims and (Potential) "Pay to Play" Rules for Insurance Companies

Posted on January 11, 2009
We recently spoke with a potetial client about a dog bite he suffered while on the job. Here are some of the basic things you should know if you're bitten by a dog (or attacked by any type of domestic animal) while working for your employer. In order to pursue the homeowner/dogowner you need to submit a Third Party Election with the Department of Labor and Industries...

Falling Trees--When Should the Property Owner be Held Liable?

Posted on January 10, 2009
Owning property with trees isn't considered an ultra-hazardous activity in Washington. So liability is determined based on garden variety negligence principles. Cases dealing with the liability of adjoining property owners for damages caused by falling trees are all over the board...

The Recession and Juries--Challenges and Opportunities

Posted on January 06, 2009
The recession is going to lead to a lot more employment cases. Not only are employees being terminated, it's taking them a long time to find new jobs. There are also going to be a lot more wage and hour disputes. Fortunately in Washington "control" persons are liable to employees for unpaid wages...

Legal Malpractice Claims Expected to Rise in 2009. One Big Factor: Attorneys Practicing Outside their Core Areas

Posted on January 04, 2009
Experts predict that the current economic downturn will give rise to an increasing number of legal malpractice lawsuits. Historically, claims against lawyers escalate during economic downturns. There are several different reasons for the increase in malpractice claims: (1) assets lose value; (2) deals go sideways; and (3) attorneys start practicing outside of their core competence...

Holiday "Blast" and Motor Vehicle Accidents--Responsibility When There's Snow and Ice on the Road

Posted on January 04, 2009
The entire State of Washington was blanketed with snow over the Holidays. With the snow came an enormous number of automobile accidents. We’re often asked whether weather conditions constitute the mitigating factor in accidents or absolved the outside driver from liability...

Contingent Fee Attorneys Worth Over $1,000 Per Hour in Some Markets

Posted on December 09, 2008
The National Law Journal recently came out with information about the billing rates charged by attorneys. Firms accross the country averaged $350 an hour. But the most expensive firms charged substantially more. Most of these firms were based in cities like New York...

Overturned Bus Highlights Maria's Law

Posted on November 30, 2008
As many of you saw on the news, a bus carrying the Bellevue High School Football team overturned this week. The cause of the accident was an improperly secured ladder. This incident highlights the importance of "Maria's Law". Maria's Law (RCW 46...

Unpaid Wages--Rights and Remedies

Posted on November 29, 2008
Happy Thanksgiving! Or at least it's a happy Thanksgiving for people who still have their jobs. But this Thanksgiving a lot of people have lost their jobs. And even worse, a lot of people haven't been paid by their (former) employers. Washington has one of the most aggressive wage and hour laws in the country...

American Safari Cruises--Smaller Vessels, Smaller Fleet, Same Issues

Posted on November 09, 2008
American Safari Cruises began operations in 1997. At that point it had one (leased) yacht. Over the past ten years American Safari has expanded. It now has four upscale mega-yachts and has expanded operations to Hawaii. While we have not had a case involving American Safari yet (the vast majority of our clients are injured on Holland America vessels) we suspect the American Safari ticket contains the same onerous six month and one year limitations periods for submitting written claims and filing suit...

Holland America's One Year "Statute of Limitations" Upheld

Posted on November 08, 2008
I've made frequent reference in this blog to Holland America's requirement that injured passengers must (1) make written claims within six months and (2) file suit within one year of their injuries. The one year "statute of limitations" was recently upheld in a Ninth Circuit decision entitled Oltman v...

Rainy Weather Brings Accident...But is Rain an Act of God?

Posted on November 03, 2008
The "Act of God" defense is frequently invoked by insurance companies. Far more frequently than we actually experience palpable "Acts of God". The following were all reported on Friday: A collision closed three southbound lanes of Interstate 5 near South 178th Street...

Injuries at Work--Police and Firefighters

Posted on November 03, 2008
There are special rules that apply to injuries suffered by police, firefighters and first responders. It's called the Fireman's Rule. The Fireman's Rule stands for the general principle is that a firefighter who enters a home to fight a fire may not sue the individual who negligently created the emergency...

Median Barriers Again at Issue

Posted on November 03, 2008
Tragic news from the South End. An Acura MDX was traveling eastbound on SR-512 when it crossed the median and hit a Toyota pickup truck. The 23-year-old female driver of the Acura was killed. The driver of the pickup was transported to St. Joseph Medical Center in serious condition...

Rollover Accident On 520--How Much Responsibility Should Be Attributed to the State?

Posted on November 02, 2008
On Halloween a vehicle rolled while negotiating a turn on the ramp from westbound State Route 520 to southbound Interstate 5. I take that same route almost every time I drive into work. The turn is tight and people go too fast around it. The State is responsible for designing and constructing safe highways...

Federal Way Fatalities Underscore Importance of UIM Coverage

Posted on November 02, 2008
Two people were killed last week in Federal Way. Authorities indicate that a 51-year-old Puyallup shot across the median near and hit four southbound cars. Reports suggest that he was under the influence. The two people killed in a multiple-car accident Thursday on southbound Interstate 5 in Federal Way have been identified as Robert Galaviz, 55, of Federal Way, and Georgina Steele, 61, of Seattle, the Washington State Patrol reports...

Head On Accident on Highlands Drive Highlights Need to Maximize Insurance Coverage

Posted on November 02, 2008
A two-car, head-on crash shut down Highlands Drive on Friday. Ambulances transported both drivers to Harborview Medical Center in Seattle. One of them was a 21-year-old woman, the driver of a BMW, who was in critical condition, according to Issaquah Police Deputy Chief Steve Cozart...

Good Hands? More Like Hands in Your Pocket. Insurance Companies and Demands for Repayment

Posted on October 20, 2008
Even after your case settles, an arbitration award is entered or a judgment rendered, your problems aren’t over. Your insurance company – whether you pursued a claim against the at-fault driver or prosecuted a UIM claim – will want to recoup at least some of the benefits it’s paid to you...

Traffic Citations and Civil Liability--Strangers in the Night

Posted on October 05, 2008
A lot of people involved in accidents believe that the issuance of a ticket is determinative in terms of liability. For better or worse, it isn’t. In fact, in Washington a traffic citation cannot be introduced as evidence in a personal injury case...

PIP and UIM Coverage--Essential Even for Pedestrians

Posted on October 05, 2008
"I have full coverage." That's what we often hear. People may think they have "full coverage" but further investigation usually reveals that they only have liability and comprehensive coverage. That's good, but they need PIP and UIM coverage too...

Boating Deaths--Criminal Charges and Civil Actions

Posted on September 28, 2008
The news this weekend was filled with reports of boating accidents and, unfortunately, deaths. �East of the mountains there was news of an ongoing criminal prosecution. �Michael Nethercutt is accused of killing Edward Gilbert in a boating accident. �Gilbert, 74, was killed when Nethercutt's boat hit his anchored cabin cruiser as he was pulling in a dinghy...

Tort Claim Forms-Traps for the Unwary

Posted on September 24, 2008
When you're hurt by a government employee, you have to file what's called a tort claim form before you can file suit. This rule applies to cities, counties, states or the federal government. This pre-suit process is ostensibly designed to allow governmental entities to "adjust" claims before lawsuits are filed...

Allstate Will Not Settle Low Impact Cases for Fair Market Value

Posted on September 20, 2008
We represented a smart, articulate accountant earlier this year. �She was involved in a low-impact accident. Allstate insured the at-fault driver. �It offered the accountant less than $1,500 despite the fact she underwent three months of physical therapy, massage and acupuncture treatments...

Pedestrians and Motorists--Uneasy Bedfellows

Posted on September 17, 2008
There are a number of laws defining the rights and responsibilities of pedestrians and motorists. �Despite these laws, the shared use of our roads by cars and people often leads to sad results. �Case in point this week in a bizarre and tragic story out of Olympia: ��Preston C...

Death at Rainier Vista Construction Site Underscores Risks

Posted on September 17, 2008
Earlier this month a construction worker, Steven Dale Slee, was injured while working in a trench at a�Rainier Vista construction project. �Seattle firefighters took Slee to Harborview Medical Center after 7,000 pounds of compacted dirt fell on him at a work site located at 33rd Avenue South and South Oregon Street in south Seattle...

Injured Workers and Third-Party Elections

Posted on September 16, 2008
I read a story in the Seattle Times this morning. �It reported that a man was burned and other injured when equipment made contact with a high-voltage power line. �The two men were painting a commercial building from a lift bucket in the 17100 block of West Valley Highway when some equipment hanging from the lift bucket came into contact with the 115,000-volt power line, causing a "bit of an explosion and fire," Grisham said...

Motorcycle Deaths Linked with Rising Gas Prices

Posted on September 14, 2008
Local media sources have linked motorcycle deaths and accidents to rising gas prices. King 5 television provides the following information: So far, there have been 49 motorcycle related deaths - 10 of them in the last three months. "We're seeing a high number of motorcycle collisions due to the price of gas, due to the time of year, the weather and they're cheaper than buying a car, and you don't have to have insurance," said Trooper Keith Leary...

Accidents on the Way to and Back from the Mountain

Posted on February 11, 2008
Ski and snowboard accidents are a frequent focus of this blawg. However, even more frequent than skiing or snowboarding accidents meriting legal attention are accidents that happen on the way to and from the mountain. On the way to Crystal mountain last weekend we saw a truck on it's side in the middle of the road and another upside down in the ditch...

Motorcycle Manufacturers Liable for Single Vehicle Accidents

Posted on February 10, 2008
Motorcycle accidents happen for a variety of reasons. We've written about several (including the most common: drivers making left hand turns in front of motorcyclists). However, a frequently overlooked cause of accidents relates to the negligent design, repair or manufacture of motorcycles...

Pedestrian Fatality in Othello Highlights Importance of Accident Investigation

Posted on February 02, 2008
Accidents involving serious injuries or death need to be investigated promptly so that the facts surrounding the accident can be determined before memories or evidence fades. Early Sunday morning Department of Transportation crews were trying to clear snow and ice off major highways in Eastern Washington when one of the snow plows hit and killed a pedestrian...

Passengers Injured in Wrong-Way Crash on I-5 in Arlington

Posted on February 01, 2008
A man driving south in the Northbound lanes of I-5 was killed when he collided head-on with another vehicle at freeway speed. The wrong-way driver, Jason French, 33, died at the scene. Two Sedro-Woolley women were in the car French collided with. They both suffered serious injuries and were transported to the hospital...

Driver Charged in Death of Bicyclist in South Kitsap

Posted on January 31, 2008
Delores Magneson, 59, has been charged with the death of bicyclist Craig Hatt, 41. Magnesson allegedly hit Hatt last September on Mile Hill Drive in South Kitsap. Magneson claimed that her windshield had fogged up, as a result of just behind washed and glare from the sun, obscuring her vision...

Liability for Driver Who "Waves Through" Vehicle or Pedestrian

Posted on January 29, 2008
We see it all the time. A driver waves another car to "go ahead". Or signals to a pedestrian that it's okay to cross. But what happens if an accident happens? In the following story the injured pedestrian could have a claim against not only the driver who hit him but also the driver who signaled that it was safe for him to cross...

Bus Carrying Special Olympians Crashes on Icy Highway

Posted on January 28, 2008
It's easy (if not easy, at least straightforward) to show a jury how an accident's affected the life of a dad who works at Boeing, or a mom who drives her kids to soccer or a teenager who's about to graduate from high school. That's because most jurors can related to plaintiffs from these demographical groups...

Products from China Continue to Harm American Consumers

Posted on January 25, 2008
Retailers selling products from China have been beleaguered by claims arising from defects in the Chinese-made products. One of the most publicized cases involved dog and cat food. We filed the first nationwide class action lawsuit in that case against Menu Foods and the companies that sold tainted pet food...

Lawsuit Over Taser Use on Epileptic Settles for $90,000

Posted on January 23, 2008
A lawsuit for tasing and punching a man who had just had an epileptic seizure has been settled for $90,000. In addition, the settlement mentioned a new policy on Taser use in Lakewood in the $300,000 lawsuit brought against the municipality, the police department, Chief Larry Saunders and four other officers...

Grates: The Bicyclist's Nemesis

Posted on January 17, 2008
Well, all right; bicyclists have multiple nemeses. But a recent front page article in the Seattle PI has brought attention to a problem many cyclists have been battling for years: unsafe street drains. Drains covered with grates that have slots parallel to the roadway are dangerous to cyclists as bicycle wheels can get caught - and stuck - in the slots...

Save Your Email Messages--Deleted Emails Must be Produced

Posted on January 15, 2008
In a recent federal court case (Benton v. Dlorah, Inc., 2007 U.S. Dist. D. Kan, Oct. 30, 2007), the plaintiff testified at her deposition that she had deleted emails related to the case. The court ruled that deleting emails did not necessarily remove them from the plaintiff's possession...

Jobsite Injuries--Don't Overlook the Third Party Claim

Posted on January 14, 2008
You get hurt at work. You file a workers compensation claim. But that shouldn't be the end of the story. Workers compensations claims yield significantly less money for injured workers than third-party personal injury claims. A good example appeared in the paper recently...

Recent Article Highlights Bicycle Safety Concerns

Posted on January 07, 2008
A recent article from King 5 notes that Seattle is considered one of the safest cities in the United State for cyclists. However, it is important to remember - as a cyclist or as a driver - that city roads still pose real dangers to those traveling on two wheels...

New Year's Eve Crash in Seattle

Posted on January 04, 2008
On New Years Eve a car jumped a curb on Alakan Way, near Pier 30, went through a fence, across a parking lot and slammed into a cement barrier. The driver and passenger in the car were trapped for several hours inside their demolished car. Once firefighters arrived on the scene of car crash it took some time for them to be able to free the male driver and the female passenger...

One Killed, Four Injured in Stevens Pass Ski Trip

Posted on January 03, 2008
Three teenagers, two boys and a girl, were returning from a ski trip to Stevens Pass when their vehicle crossed the centerline and hit a pickup truck head-on. One of the boys, 17, was killed. Four others were injured in the car accident, including both people in the pick-up truck...