Miscellaneous

• Cruise Ships Have a Duty to Avoid Storms

  Michael Myers | August 31, 2006 11:34 PM | 0 CommentsSeattle, WA

  Forecasters at the National Hurricane Center said Ernesto could reach hurricane strength by the time it makes landfall on the Florida mainland. The storm was expected to strengthen as it approached the Keys and southeast Florida as early as Tuesday night exactly one year after Hurricane Katrina pummeled the Gulf Coast.In response cruise ship companies said they were diverting several liners to...

• Man Dies in Canoe Accident

  Michael Myers | August 27, 2006 6:28 PM | 0 CommentsSeattle, WA

  High winds and five- to seven-foot swells capsized a Makah tribal canoe near the Dungeness Spit late Wednesday afternoon, killing a Canadian tribal chief and hospitalizing three canoeists. Jerry Jack, 55, of Gold River, British Columbia, was pronounced dead at the scene, Clallam County Undersheriff Rich Sill said. Wrongful death claims may be brought regardless whether the accident occurred...

• First Wave Of Lawsuits Filed After Cruise Ship Accident

  Michael Myers | August 27, 2006 8:08 AM | 0 CommentsSeattle, WA

  The first wave of lawsuits against Princess Cruise Lines have been filed and hundreds more are expected. Some attorneys involved indicate that some passengers may get millions of dollars.The Crown Princess suddenly tilted 15 degrees to the side for about 30 seconds as it left Port Canaveral on its way to New York. The incident two weeks ago sent objects and people flying across the...

• Soft Drink Companies Agree to Benzene Settlement

  Michael Myers | August 25, 2006 3:28 PM | 0 CommentsSeattle, WA

  Two soft drink companies have stopped using ingredients that can form cancer-causing benzene, according to a proposed lawsuit settlement. Parents sued Atlanta-based In Zone Brands Inc., maker of BellyWashers, and Preston, Washington-based TalkingRain Beverage Co., over drinks containing benzene, which is linked to leukemia. If you are aware of injuries or death resulting from unsafe food or...

• Rape At Seattle Nursing Home

  Michael Myers | August 24, 2006 11:33 AM | 0 CommentsSeattle, WA

  A King County nursing assistant is on the run after being charged with second-degree rape. Lamin Darboe, a 39-year-old nursing assistant, was working at Kindred Hospital in Seattle. He is accused of taking advantage of a stroke victim who is paralyzed and cannot speak. Not only does the the stroke victim have claims against Mr. Darboe, it also has claims against his employer for, e.g., negligent...

• Dangers of Settling with the Doctor Before the Hospital

  Michael Myers | August 17, 2006 9:43 PM | 0 CommentsSeattle, WA

  The West Virginia Court of Appeals held in 2002 that even though an injured person settled his medical malpractice suit against the negligent doctor, the hospital where the doctor worked could be sued. In the case, the plaintiff settled with the doctor for a confidential amount. The hospital then argued that the claim against it should be dismissed because it was only vicariously liable for...

• Defamation in Washington

  Michael Myers | August 15, 2006 8:33 PM | 0 CommentsSeattle, WA

  There is a two year statute of limitations in Washington for bringing defamation claims. Defamation is the "catch all" term used in Washington to describe both libel and slander.Truth is an absolute defense to defamation. There are also instances where the otherwise defamatory statement is considered "privileged". One frequent privilege invoked is the litigation privilege. It prevents...

• The California Bar Considers What Should be an Easy Decision: Should Attorneys Be Required to Disclose Whether they have Malpractice Insurance?

  Michael Myers | August 13, 2006 7:58 PM | 0 CommentsSeattle, WA

  No one knows for sure how many California lawyers lack malpractice insurance, but estimates run as high as 20 percent. That means almost 31,000 of the state's nearly 153,000 active lawyers have no way of compensating clients if they mess up a case. Tough luck for the consumer. But that could change under a proposal now being circulated by the State Bar to enact rules requiring attorneys to tell...

• Hospitals Are Reluctant to Disclose Malpractice Statistics

  Michael Myers | August 12, 2006 3:34 PM | 0 CommentsSeattle, WA

  When the Institute of Medicine issued a landmark report in 1999 saying that up to 98,000 people die each year in hospitals because of medical errors, a national effort was launched to improve patient safety. And patient rights groups began pushing for disclosure of more information when problems or medical errors occur. But there are still significant problems. Not just with patients dying...

• Automakers and Insurance Companies Reducing Property Damage at Human Expense

  Michael Myers | August 12, 2006 2:53 PM | 0 CommentsSeattle, WA

  Over the past 10 years whiplash injuries have increased. There are approximately 3,000,000 whiplash injuries per year attributable to stiffened bumper systems designed to protect the cars and avoid property damage repairs by the insurance industry. Studies show that car bumpers can withstand 10 - 12 mph low speed (yet hard impact) crashes with little or no damage. But these crashes kill a...