Journal/Case Review

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Defense Verdict for Dairy Farm Clients

I recently completed a two week jury trial in Jefferson County Superior Court located in Port Townsend, Washington obtaining a defense verdict for my clients who have owned and operated their dairy farm in nearby Chimacum since the late 1800s. Plaintiffs’ attorney glossed over our trial victory when recently reporting a $2.7 million plaintiffs’ verdict …

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October 24, 2016
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Civil Discovery of Social Media Information

With the increasing use of social media, some attorneys have turned their attention to mining the data for litigation purposes. This appears especially true in employment law cases because of the numbers and the likelihood that both employees and employers will use networking sites for business purposes or to discuss workplace issues. See generally, http://www.facebook.com/press/info.php?timeline; …

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October 24, 2016
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Recovery of Attorney Fees as Damages

The case law regarding attorney fees awardable as costs of an action is well-developed in Washington. When authorized, the determination of a reasonable attorney fee award is a matter within the discretion of the trial court. See Boeing Co. v. Sierracin Corp., 108 Wn.2d 38, 65 (1987). A party is not, therefore, entitled to have …

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October 24, 2016
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Order of Dismissal Obtained in Exploding JetSki Case.

In Beaver v. Wright and Kawasaki we convinced Judge Stephanie Arend of the Pierce County Superior Court to grant summary judgment on a third and final try just before trial.  The first two attempts failed because plaintiff complained that they needed more discovery an objection joined by defendant Kawasaki. Plaintiffs’ case against defendants Wright and …

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October 24, 2016
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Summary Judgment: A Contractually Shortened Limitations Period in Tennyson Homes, Inc. v. NW Siding & Prefinishing Inc.

This King County Superior Court case involved alleged construction defects in a custom single-family home in Kirkland, Washington. The general contractor, Tennyson Homes, sought indemnity following a settlement with the homeowners against several parties including my client, NW Siding & Prefinishing, Inc., citing a ‘master contract’ and project specific subcontract(s). NW Siding’s motion to dismiss …

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October 24, 2016
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The Doctrine of Avoidable Consequences: Jaeger v. Cleaver Construction, Inc., 148 Wn.App.698, 201 P.3d 1028 review denied 166 Wn.2d 1020, 273 P.3d 335 (2009).

Recent mud/landslides in California and Washington brought to mind a case I tried several years ago about a high-bank slope between a million dollar home and the waters of the Puget Sound. My client, who owned a septic design company, had divided by short-plat some acreage he owned into three lots, built his home on …

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October 24, 2016
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Relief Under 42 United States Code Section 1983: Werner v. Moore, USDC for the Western District of Washington Case No. 3:11-cv-05608-BHS and U.S. Court of Appeals for the Ninth Circuit, No. 12-35875.

In the early ’90s, I defended police officers in Southern California in several cases alleging excessive force usually in the context of an arrest situation or police pursuit of a suspected criminal. Most of these actions pled civil rights violations under 42 USC Section 1983[1] and occurred at a time when police conduct and department …

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October 24, 2016
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The Discovery Rule: The 2011 Pinehurst Neighborhood Natural Gas Explosion and Mapfre USA Corporation v. City of Seattle dba Seattle City Light and Puget Sound Energy, Inc., King County Superior (WA) Court Case No. 13-2-28235-6 SEA).

We recently mediated a subrogation action on behalf of my client, Mapfre USA Corporation, for recovery of property damages arising from a natural gas explosion in the Pinehurst neighborhood of Seattle, Washington in 2011.[1] The mediation session, which lasted twelve hours involving multiple actions, parties, and over a millions dollars in claimed damages, was unsuccessful …

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October 24, 2016