- Michael Myers | March 10, 2007 10:18 PM |
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MiscellaneousMenu Foods--with plants in the United States and Canada--has announced an extremely broad recall of cat and dog food (specifically, the "cuts and gravy" variety which dcomes in cans and small foil pouches). The recall covers over 60 million containers of wet pet food. The recall was announced after reports of kidney failure and at least 10 deaths.The pet food was sold by stores operated by...
- Michael Myers | March 10, 2007 10:07 PM |
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Workplace InjuriesSeattle firefighters worked for over two hours before they were able to extract the construction worker. Unfortunately, the worker did not survive his injuries. The construction acccident happened in White Center. Construction accidents are unfortunately common. Construction workers have rights under RCW Title 51 (the workers compensation law). But they also have rights under personal...
- Michael Myers | March 08, 2007 1:07 PM |
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Automobile AccidentsWashington law offers very few remedies for the families of unmarried adults. And, as a result, does very little to deter negligent and reckless behavior on either an individual or corporate level. Not only does Washington law fail to provide for punitive damages, it fails to impose any real consequences on those who--through their negligence or recklessness--cause the death of an unmarried...
- Michael Myers | March 08, 2007 9:25 AM |
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Automobile AccidentsJury service has been described as one of the most valuable civic functions. In fact, many people think it second only to serving one's country on the battlefield. These types of statements are made in almost every closing argument. However, they are often cloaked in archaic formality. It's not a great strategy to Thomas Jefferson, Abraham Lincoln or other historic figures who do not...
- Michael Myers | March 08, 2007 9:09 AM |
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Automobile AccidentsThis seems to be an ongoing question among injured persons and health care providers. Which insurance policy should pay for the injured person's treatment? PIP is always primary to health insurance - except when it is exhausted. This means that your health care providers need to bill your PIP carrier until there is no more coverage. When coverage runs out under the PIP policy your health...
- Michael Myers | March 08, 2007 8:14 AM |
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MiscellaneousA University of Texas study showed that four in 100 passengers visited shipboard infirmaries. Eighteen percent of those who visited infirmaries had been inured. In a recent interview, Sally van Boheemen, RN and Director of Holland America Line's Fleet Medical Operations, explained that injuries ranged from sprained ankles to broken hips. In addition, passengers often need to leave a ship for...
- Michael Myers | March 07, 2007 1:11 PM |
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Automobile AccidentsI like Canadians. My parents moved to Canada in 1985. I spend most weekends at Whistler. And, last but not least, I like Canadians because they all have insurance...good insurnace. The Insurance Corporation of British Columbia (ICBC) is a provincial Crown corporation established in 1973 to provide universal auto insurance to B.C. motorists. It covers drivers from BC when they get into...
- Michael Myers | March 06, 2007 4:14 PM |
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Automobile AccidentsI've written about this before. But it deserves emphasis--even if it comes through repetition. Head injuries are overlooked by doctors all the time. Even when the warning signs are there. Doctors are frequently too busy setting broken arms or prescribing pain killers to look at and assess what may be the most serious injury associated with car accidents. If you've been in a car accident...
- Michael Myers | March 06, 2007 12:59 PM |
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Automobile AccidentsA lot of people think that their UIM (Under Insured Motorist) coverage comes into play only after they've settled with the at-fault driver. Not the case. You can and should open a UIM claim as soon as you find out that the at-fault driver may not have enough insurance to cover your injuries. And you can settle your UIM claim before you settle the underlying case. And you don't need to tell...
- Michael Myers | March 06, 2007 12:39 PM |
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Nursing Home & Elder AbuseWe've written before about abuse in nursing homes and other facilities for our parents and grandparents. But abuse can affect our children and grandchildren too. In Washington, persons caring for (1) children to whom they are nott related for (2) a fee must be licensed. Unfortunately unlicensed day-care facilities are operating across the State.If a day-care is unlicensed there are no stated...
- Michael Myers | March 06, 2007 9:01 AM |
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Automobile AccidentsUnder Washington's Intermediate Licensing Statute new drivers are not supposed to have other teens in the car. One of the big reasons is that teens tend to distract other teens. Not only has this been recognized by the legislature, it has also been documented in studies regarding teen accidents. The issue takes on additional significance when a teen is distracted, causes an accident and...
- Michael Myers | March 06, 2007 8:08 AM |
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Automobile AccidentsFor some time there's been a debate whether safety belts are necessary, and should be required, on school buses. But this isn't the only school bus safety issue in the news. House Bill 2373 would require the Department of Licensing to automatically notify school districts if their bus drivers' licenses are suspended or revoked. This makes common sense. Kudos to the legislators who introduced...
- Michael Myers | March 06, 2007 6:29 AM |
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Automobile AccidentsA high speed car accident on Camano Island took the life of one man this weekend. KOMO News reported the following:A Stanwood man died Sunday morning after slamming into an SUV on Highway 532 on Sunday morning. Trooper said the man was traveling westbound when he tried to pass another car and smashed into the oncoming SUV. The passing driver died on the scene. The woman driving the SUV was...
- Michael Myers | March 06, 2007 6:19 AM |
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Automobile AccidentsMost criminal convictions won't come into evidence in your personal injury case. Things like DUI and assault are likely irrelevant and excluded by the rules of evidence. You'll probably be asked about your criminal convictions in discovery (either written or at your deposition). The worst thing you can do is lie. While your DUI from 1999 won't come into evidence if you tell the truth about...
- Michael Myers | March 05, 2007 9:13 AM |
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Automobile AccidentsThe Seattle Time summed it up as follows:From her apartment on Locust Way north of Kenmore to Bastyr University is barely five miles, and Autumn Sansom had made the ride on her bicycle nearly every day since she enrolled at the school in 2005. On Friday, the ride turned to tragedy, when Sansom, 28, was fatally injured in a collision with a pickup in the 15000 block of Juanita Drive Northeast at...
- Michael Myers | March 05, 2007 8:00 AM |
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Automobile AccidentsFor two years state representative Ruth Kagi has fought for legislation to keep dangerous trucks and drivers off the roads. She moved closer to her goal this week when the state House of Representatives passed the Tony Qamar and Daniel Johnson Act with a vote of 88 to 9.Qamar and Johnson, both leading scientists, were killed October 4, 2005, when a log truck lost its load on Highway 101. The...
- Michael Myers | March 04, 2007 3:35 PM |
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Nursing Home & Elder AbuseAdult family homes, nursing homes and similar facilities care for some of our most important family members and friends. We have a shared responsiblity to make sure they treat our loved-ones with the care and respect they deserve. Against this backdrop, troubling news out of Everett about a species of abuse:The license of a Marysvillle adult family home has been revoked by the state, alleging...
- Michael Myers | March 04, 2007 7:51 AM |
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Automobile AccidentsSnow coated Western Washington roads on Wednesday. The most affected area was Snoqualmie Pass. At least 60 vehicles were involved in an accident near the Pass on I-90. The Interstate was shut down for six hours. The State Patrol reports at least four serious injuries. Even though snow dramatically changes the way a car handles, the same rules of the road applicable to dry pavement and...
- Michael Myers | March 03, 2007 7:28 PM |
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Automobile AccidentsI read a recent headline which read: "More Than Half of Adults Could Not Meet Expenses If They Became Disabled". It was based on research by the National Association of Insurance Commissioners. The Survey made me think of UIM insurance. That's really the only kind of insurance you can readily buy to help insurance against the risks of disability (since the 1980s the coverage offered by...
- Michael Myers | March 03, 2007 4:54 PM |
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Automobile AccidentsThere are two basic kinds of damages in any personal case. Special damages and general damages. Special damages describe out of pocket costs such as medical expenses and lost wages. General damages refer to less quantitative and more qualitative damages such as loss of enjoyment of life and pain and suffering. Whether fair or not, both plaintiff's attorneys and insurance adjusters tend to...
- Michael Myers | March 03, 2007 4:49 PM |
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Automobile AccidentsSometimes the decision whether to call a particular witness is difficult. Clients may feel that the witness in question adds a great deal to their story. For instance, they believe that calling a relative to confirm that they are a good person and credible will increase their chances of success. That may well be the case if the relative had an opportunity to interact with them immediately...
- Michael Myers | March 03, 2007 11:19 AM |
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MiscellaneousAssumption of risk is a huge issue in ski accident cases. The doctrine--which implicates the reasonable care of ski resorts and the personal responsiblity of skiers and riders--was a central issue in a recent case tried in front of the U.S. District Court in Helena, Montana. A six-year-old was seriously injured in 2005. The accident took place in a highly congested area. According to an...
- Michael Myers | March 03, 2007 11:07 AM |
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Automobile AccidentsThere are several interesting bills before the legislature. Though dealing with different issues, they are seek to bring about long-awaited and much needed insurance reform. A summary of the various bills appears below:SHB 1491 & SSB 5726 - Insurance Fair Conduct ActThese bills are intended to heighten and clarify an insurer's duty to act in good faith when handling first-party...
- Michael Myers | March 03, 2007 10:52 AM |
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Automobile AccidentsThere is more legislation pending that would help injured persons. SB 5725 is designed to clear an artificial hurdle created by the Courts that--probably unintentionally shifts a lot of expense on plaintiffs and helps defendants avoid paying valid claims. If SB 5725 is passed into law it would create a presumption that medical and billing records submitted in arbitration and at trial reflect...
- Michael Myers | March 03, 2007 10:45 AM |
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Automobile AccidentsThere is a major flaw in Washington's wrongful death statute. Parents of an adult child who is killed cannot recover for their loss unless they are dependent on the child for support. Legislation has been introduced to try to change this gaping hole in the law. It is refered to as SHB 1873 - Wrongful Death of an Adult Child.The House Judiciary passed SBH 1873. It awaits passage from House...