Miscellaneous

• Tort Claim Forms—Traps for the Unwary

  Michael Myers | September 24, 2008 4:43 PM | 0 CommentsSeattle, WA

  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....

• Pedestrian Fatality in Othello Highlights Importance of Accident Investigation

  Ryan Nute | February 02, 2008 6:35 PM | 0 CommentsSeattle, WA

  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. The plow was clearing snow off the...

• Driver Charged in Death of Bicyclist in South Kitsap

  Ryan Nute | January 31, 2008 11:48 AM | 0 CommentsSeattle, WA

  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. However, upon investigation it was discovered that Magneson's driver's license had been canceled...

• Liability for Driver Who "Waves Through" Vehicle or Pedestrian

  Michael Myers | January 29, 2008 8:03 AM | 0 CommentsSeattle, WA

  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. A 40-year old pedestrian was hit on Route 99 in Federal Way on...

• Products from China Continue to Harm American Consumers

  Michael Myers | January 25, 2008 10:07 AM | 0 CommentsSeattle, WA

  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. Now another Chinese-made product is harming American consumers, the seemingly...

• Grates: The Bicyclist's Nemesis

  Ryan Nute | January 17, 2008 4:58 PM | 0 CommentsSeattle, WA

  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. In 2004 one biker was biking through...

• Save Your Email Messages--Deleted Emails Must be Produced

  Michael Myers | January 15, 2008 5:15 PM | 0 CommentsSeattle, WA

  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. It reasoned that deleted emails should be retrievable from her computer system and thus remain within in...

• New Law Banning Texting While Driving to Take Effect

  Ryan Nute | December 29, 2007 10:37 AM | 0 CommentsSeattle, WA

  Texting while driving officially becomes illegal on January 1, 2008. The law is a secondary violation, meaning that a police officer must first spot another violation (such as a person not wearing a seatbelt or speeding) before someone who is texting can be pulled over. This law and the law against cell phone use while driving (which will be enforced starting July 1, 2008) are attempts to...

• Model Ship Builders Reportedly Fleeced in Internet Commerce Scam

  Ryan Nute | December 26, 2007 9:18 AM | 0 CommentsSeattle, WA

  Dennis Ray Lunde, 60, of Poulsbo, Washington, has been charged with first-degree theft in an alleged Internet commerce scam.  The scam involved Lunde posing online as a Navy captain and selling model ship kits. Buyers of these kits would send money to Lunde but never received the kits.  Several buyers received an e-mail from Lunde's "wife," claiming that Lunde had suffered a heart attack, was...

• Open and Shut Case...Unlikely in Light of the Sudden Medical Emergency Defense

  Michael Myers | December 21, 2007 10:50 AM | 0 CommentsSeattle, WA

  I've written about it before. The defense bar never ceases to surprise. Affirmative defenses--legal tools to avoid taking responsibility--seem to be multiplying and mutating. The sudden medical emergency defense is an example. And it is frequently applied to situations like the really tragic one we blogged about here on December 17th. To recap, a jogger was hit and killed by a motorist last...