Washington Personal Injury Case Law
Please find, below, selected case laws decided by Supreme Court of Washington or Court of Appeals of Washington where the terms personal injury or related terms have been mentioned. These cases are not necessarily personal injury and may include cases where the facts or court decision merely mentions personal injury related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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Mandery v. Costco Wholesale Corp. - 4/18/2005
An employee cannot waive by contract the benefits of Washington's Industrial Insurance Act by barring himself or herself from the right to claim its benefits. Because the employment agreement in this case purports to bar the employee...
Francis v. Wal-Mart Stores - 4/18/2005
JUDGES: Concurring: C. Kenneth Grosse Mary Kay Becker
UNPUBLISHED
In this personal injury action, Haley Rose-Marie Francis must prove four basic elements: (1) the existence of a duty, (2) breach of that duty, (3) resulting...
Certain Underwriters at Lloyd's of London Subscribing to Certificate No. A01BF201 v. Strid - 4/18/2005
Norene Strid (Strid) was seriously injured and Homer Hensley was killed when a semi-truck hit them while they were walking near a construction site. Strid and Evelyn Kay Hoskins, Personal Representative of the Estate of Homer Hensley...
Dagg v. Spokane Public School Dist. No. 81 - 4/5/2005
Four tutors filed a declaratory judgment action concerning their continuing contract rights with the school district. The trial court granted summary dismissal, holding it lacked subject matter jurisdiction given that the tutors did...
Lancaster v. Perry - 4/4/2005
Concurring: Ann Schindler, C. Kenneth Grosse
PUBLISHED OPINION - Motion to publish granted June 7, 2005
Under King County Local Rule (KCLR) 26(f), witnesses not timely disclosed may not testify at trial, absent a...
In re Marriage of Condero - 4/4/2005
Nearly four years after the entry of a default judgment and decree of invalidity of marriage, the former husband moved to vacate the judgment. The trial court found that the former husband appeared informally and thus had been...
Estate of Lamontagne v. Bristol-Myers Squibb - 4/4/2005
Concurring: Ronald Cox, William Baker
PUBLISHED OPINION - Motion to Publish Granted May 10, 2005
Juliann Dollmeyer, the personal representative of the Estate of Sandra LaMontagne (the Estate) appeals the trial court's...
Nguyen v. Good Chevrolet - 4/4/2005
Bardy Nguyen appeals from a decision dismissing her claims against Good Chevrolet on collateral estoppel grounds. We affirm.
In July, 1999, Nguyen had her 1978 Chevrolet Camaro delivered to Good Chevrolet on a flatbed truck....
Padilla v. Merchandising Inventives - 4/4/2005
Alice Padilla suffered injuries on September 6, 1999, when a display suspended from hooks in the ceiling of a retail craft store fell on her head. She initially sued the retail store. Almost four years after the accident, she sued...
Alvarez v. Banach - 3/31/2005
Oral Argument Date: 01/19/2005
En Banc
This case requires us to determine whether a declaration of delivery without further proof that a request for a trial de novo has been served complies with the filing requirements...
Owen v. Burlington Northern and Santa Fe Railroad Company - 3/24/2005
Oral Argument Date: 01/15/2004
Concurring: Faith Ireland, Charles W. Johnson, Richard B. Sanders, Susan Owens
Dissenting: Barbara A. Madsen, Bobbe J Bridge, Gerry L Alexander, Mary Fairhurst
En Banc ...
Mohr v. Grant - 3/24/2005
Oral Argument Date: 05/13/2004
Concurring: Barbara A. Madsen, Charles W. Johnson, Gerry L Alexander, Richard B. Sanders, Susan Owens
Dissenting: Faith Ireland, Bobbe J Bridge, Tom Chambers
EN BANC ...
Pascua v. Heil - 3/22/2005
On interlocutory review, Crystal and Charles Heil contend that the trial court erred in failing to dismiss the personal injury complaint against them because they were improperly served by mail and publication. Because the evidence...
Cowlitz Stud Company v. Clevenger - 3/22/2005
Concurring: C. C. Bridgewater, Christine Quinn-Brintnall
PUBLISHED OPINION - Motion to publish granted May 24, 2005
In 1997, Dana Clevenger sustained an industrial injury while employed by Cowlitz Stud Company, a lumber...
Fox v. Evans - 3/21/2005
Concurring: Mary Kay Becker, Ronald Cox
Published Opinion - Motion to Publish Granted May 3, 2005
An injured person may not recover damages proximately caused by that person's unreasonable failure to mitigate. Sutton v....
Estate of Cupp v. Safeco Crop. - 3/15/2005
The Estate of Thomas C. Cupp sued Safeco Life Insurance Company and its agent, Harold Roberts, for negligence, malpractice, and the unauthorized practice of law. The trial court granted summary judgment to Safeco and Roberts. We...
Centralia Mining Co. v. Frost - 3/15/2005
In 2000, after the Department of Labor and Industries (L&I) denied Dennis Frost's application to reopen his 1992 neck injury claim, the Board of Industrial Insurance Appeals (Board) reversed. On review, the superior court...
Alcon Laboratories - 3/14/2005
The legal conflict between Will Vision & Laser Centers and Alcon Laboratories began with a dispute over two laser surgery systems leased by Will Vision from Alcon. Will Vision failed to make contractual payments to Alcon for the...
State v. Jensen - 3/14/2005
Kenneth Jensen appeals his conviction of second degree felony murder, arguing that the Supreme Court's holding in In re PRP of Andress requires us to reverse his conviction. We recognize that we must do so. But because the State may...
Cunningham v. Reliable Concrete Pumping - 3/7/2005
JUDGES: Concurring: H Joseph Coleman Mary Kay Becker
PUBLISHED
Judicial estoppel is an equitable doctrine that precludes a party from gaining an advantage by asserting one position in a court proceeding and later seeking an...
Brown v. Crown Cork & Seal Co. - 3/7/2005
Owen Brown brought this action against respondent Honeywell International, alleging that he contracted mesothelioma after exposure to asbestos manufactured by Bendix Corporation, Honeywell's predecessor-in-interest. Because the...
Mazon v. Krafchick - 3/7/2005
Attorney Michael Mazon sued his co-counsel, Steven Krafchick, after they settled a malpractice claim brought against them by their mutual client. Krafchick had failed to serve the complaint on time. Mazon's primary claim was for...
Gallagher v. Sidhu - 2/28/2005
Concurring: Anne Ellington, Mary Kay Becker
PUBLISHED OPINION - Opinion ordered published April 11, 2005
Margaret Gallagher and her husband initiated a personal injury lawsuit after she was injured in a vehicle...
Sager v. County of Spokane - 2/24/2005
On October 28, 2000, Dale Bradley was driving in the center lane of Sprague Avenue and began to turn left onto Dishman Road. Unfortunately, Mr. Bradley was unaware that four days earlier this portion of Sprague had become a...
Marvik v. Winkelman - 2/23/2005
JUDGES: Concurring: Marywave Van Deren, Christine Quinn-Brintnall
PUBLISHED OPINION - Opinion ordered published March 30, 2005
Mary Winkelman, the defendant in a personal injury case, challenges the trial court's refusal...
Blueberry Place Homeowners Association v. Northward Homes - 2/14/2005
Concurring: Anne Ellington, Ronald Cox
PUBLISHED OPINION - Motion to publish granted March 23, 2005
MacDonald-Miller Residential, Inc. (MacDonald-Miller), one of the subcontractors for a condominium construction...
Vickers v. Olaes - 2/14/2005
At issue is an order granting a new trial to plaintiff Wesley Vickers in his suit for damages caused by an automobile accident for which the defendant admitted liability. Vickers claimed that the accident had caused a herniated disk,...
Martin v. City of Seattle - 2/14/2005
The personal representatives of the Estate of Rufus Martin brought this wrongful death action against Alaska Cargo Transport (ACT) and the City of Seattle after Mr. Martin accidentally drove a piece of heavy equipment off the stern...
Lunsford v. Saberhagen Holdings - 2/14/2005
Motion for reconsideration denied April 11, 2005
JUDGES: Concurring: Ann Schindler C. Kenneth Grosse
Manufacturers and sellers of unreasonably dangerous products are strictly liable for injuries to users and consumers of...
Werlinger v. Warner - 2/14/2005
JUDGES: Concurring: Anne Ellington William Baker
PUBLISHED OPINION - Motion to publish granted March 14, 2005
When a defendant whose liability insurer has acted in bad faith proceeds to make his own settlement with an...
Huff v. Roach - 2/10/2005
Brenda and Shurwin Huff filed a malpractice claim against their former attorney, Patrick T. Roach, nearly seven years after they discovered he had missed the Oregon statute of limitations in their underlying personal injury claims....
Fenner v. Gaffner - 2/7/2005
Following this court's remand of the Fenners' claims against the Gaffners in Fenner v. Gaffner, No. 45255-0-I (2001), the Fenners obtained default judgments against Gary and Carol Gaffner in the amount of $3,425,463.09, and against...
Clare v. Saberhagen Holdings - 2/7/2005
JUDGES: Concurring: Ronald Cox Dissenting: Ann Schindler
PUBLISHED OPINION - Opinion ordered published September 26, 2005
By the time of his father's death, Randall L. Clare, individually and as the personal representative...
Humes v. Fritz Companies - 1/31/2005
Kenneth Humes sued the defendants for an injury he suffered outside the Tulalip Indian Reservation casino. At the time of the injury, Joe Crowder was driving a truck for Fritz Companies and Humes was operating a crane. Humes loaded a...
In re Marriage of Campbell - 1/31/2005
James Eggen sought a reduction in his child support, which was denied. He contends the trial court failed to consider the relevant circumstances and make the required findings. We disagree and affirm.
Alexis and James Eggen...
Gausvik v. Abbey - 1/25/2005
JUDGES: Concurring: Marywave Van Deren Christine Quinn-Brintnall
PUBLISHED OPINION - Motion to publish granted February 23, 2005
Ralph Gausvik appeals from a summary judgment in favor of the Department of Social and Health...
Shaffer v. McFadden - 1/18/2005
A Washington resident traveled to British Columbia, Canada to have laser assisted in situ keratomileusis (LASIK) eye surgery performed. When the patient suffered complications from the procedure, he sued the Canadian surgeon in King...
State v. Phelps - 1/11/2005
S. Don Phelps appeals his jury convictions for two counts of third degree child molestation. He argues that the trial court (1) should have granted his motion for a new trial based on jury misconduct; and (2) erred in excluding...
Lakemont Ridge Homeowners Association v. Lakemont Ridge Limited Partnership - 1/3/2005
Because the required prelitigation notice was not given before commencement of this construction defect claim, we hold that this action must be dismissed without prejudice.
In 2002, the Legislature enacted chapter 64.50 RCW to...
Bowman v. Department of Labor & Industries - 11/23/2004
This appeal arises out of Lawrence Bowman's claim for workers' compensation benefits. Bowman contends that he suffers from an autoimmune kidney disease as a result of his employment at Wing Point Golf & County Club (Wing Point)....
Yeater v. Commonwealth Insurance Co. - 11/22/2004
We are presented with only one issue on appeal: when did Sandra Yeater discover, or in the exercise of due diligence should she have discovered, that the defendants intentionally withheld information that her house contained toxic...
Lesher v. Murphy - 11/22/2004
Janet Lesher suffered neck injuries in two unrelated car accidents. About a year after the second accident, Lesher needed neck and back surgery. She brought suit against both drivers, and settled with the first driver. She prevailed...
Brewer v. Tanner - 11/2/2004
Robert and Sandra Brewer brought a medical malpractice action against podiatrist Dr. Nicholas Tanner and nurse anesthetist Shawn Brow for injuries Mr. Brewer suffered in the administration of anesthesia during foot surgery. Dr....
O'Neill v. Farmers Insurance Company of Washington - 11/1/2004
NATURE OF CASE
The O'Neills appeal the summary judgment dismissal of their claim under a homeowner's insurance policy against Farmers Insurance Company (Farmers). The O'Neills filed a summons and complaint against Farmers,...
Travis v. Therapeutic Associates - 2/24/2004
Ruby Travis appeals from the trial court's summary judgment dismissing her medical negligence claims and denying her motions for a continuance and for reconsideration. We affirm.
FACTS
Travis received rehabilitation care...
David v. Brakstad - 2/23/2004
In a medical malpractice action, a plaintiff wishing to hold a physician to the standard of care of a specialist must show that the procedure involved was a specialized one. Here the record shows that the repair of torn veins is not...
Shepard v. Washington Insurance Guaranty Association - 2/18/2004
Shaunazee Shepard and her daughter were injured in an auto accident caused by a driver whose liability insurer became insolvent. Shepard appeals a summary judgment in favor of the Washington Insurance Guaranty Association (WIGA). She...
Hadley v. Maxwell - 2/12/2004
In this second appeal between the parties, we address their dispute regarding judgment interest after a retrial. In 1998, Jewell and Harry Hadley (the Hadleys) prevailed in their automobile personal injury negligence suit against...
Smith v. Life Care Centers of America - 2/10/2004
This attorney fee dispute arises under the Washington Abuse of Vulnerable Adult Act, chapter 74.34 RCW (Act). Jewell A. Smith, personally and as personal representative of the Estate of Ivin G. Smith, and Allyson Smith-Dennis were...
Bennett v. Dalton - 2/9/2004
In this appeal we consider whether a plaintiff's lawsuit against multiple defendants tolls the statute of limitations for an independent cross claim by one defendant against another defendant for personal injuries. Sherril Rieger...
Clark v. Baines - 2/5/2004
Oral Argument Date: 11/13/2003
Concurring: Faith Ireland, Barbara A. Madsen, Bobbe J Bridge, Charles W. Johnson, Gerry L Alexander, Susan Owens, Tom Chambers, Mary Fairhurst.
En Banc
Following Wayne A. Baines's...
Reyes v. City of Renton - 2/2/2004
Concurring: Ann Schindler, William W. Baker
PUBLISH - Motion to publish granted March 23, 2004
Amado Delos Reyes, administrator of the estate of Elsie Delos Reyes, appeals the trial court's order granting the City of...
Hansen v. Rogers - 12/29/2003
After a jury trial and defense verdict in a medical malpractice suit, Victoria Hansen appeals the summary dismissal of several claims asserted in her complaint and the denial of her post-verdict motion to obtain juror contact...
State v. Blanton - 12/29/2003
Lester Dane Blanton appeals his second degree assault conviction on two grounds. First, he argues that the trial court improperly excluded his testimony about specific prior violent acts of the victim. Second, he argues that the...
Truck Insurance Exchange v. BRE Properties - 12/29/2003
West Star Construction contracted with BRE Properties to work as a framing subcontractor on an apartment project. In the contract, West Star agreed to indemnify BRE against certain risks, and obtained a commercial general liability...
State v. O'Connor - 12/22/2003
Concurring: Mary Kay Becker, Susan R. Agid
OPINION PUBLISHED IN PART
Courtney O'Connor appeals his conviction for a Class C felony, domestic violence malicious mischief in the second degree, arising from a tire-slashing...
Troxell v. Rainer Public School District #307 - 12/9/2003
Rebecca Troxell filed a notice of claim for personal injuries with the Rainier Public School District #307 (District) on December 10, 2001. She filed her lawsuit on February 8, 2002. Finding the lawsuit was prematurely filed under...
Tate v. Bicknese - 12/9/2003
Marilee J. Tate appeals the trial court's order granting summary judgment against her in a personal injury action. The court determined that Tate had not effected proper service under RCW 4.28.080. Finding no error, we affirm. ...
Kadziute v. Allstate Insurance Company - 12/8/2003
Dzigita Kadziute and Marie Redling (Redling or Allstate's insured) were involved in an accident. Kadziute sued Redling's insurance company, Allstate. The trial court granted Allstate's motion for summary judgment, dismissing all...
Barrett v. Freise - 11/24/2003
After Jeffrey Barrett and his limited guardian, John Barrett, Jr., sued Eric Freise and his law firm for legal malpractice, breach of fiduciary duty, negligent misrepresentation, and violations of the Consumer Protection Act, as well...
Van Houten v. State - 11/24/2003
A life long smoker, appellant George Van Houten attempted to hold the State liable for his suffering from lung cancer. He claimed that the State negligently caused his damages by providing him with cigarettes when, as a teenager, he...
McClurg v. Zacher - 11/10/2003
Concurring: Faye C. Kennedy, William W. Baker
UNPUBLISHED
Determination of the amount of damages is within the province of the jury, and courts are reluctant to overturn a damage award when fairly made. Here, there is no...
Grange Insurance Association v. Jensen - 11/10/2003
Concurring: Anne L Ellington, Ann Schindler
UNPUBLISHED
An "accident" does not occur within the meaning of an insurance policy when one performs a deliberate act unless some additional unexpected, independent, and...
Smith v. Safeco Insurance Co. - 11/6/2003
File Date: 11/06/2003
Oral Argument Date: 05/22/2003
Concurring: Faith Ireland, Barbara A. Madsen, Charles W. Johnson, Tom Chambers, Mary Fairhurst, Dissenting: Bobbe J Bridge, Gerry L Alexander, Susan Owens
En Banc...
Baum v. Burrington - 11/3/2003
Holly Baum sued the North Cascade Women's Clinic and Dr. Nadine Burrington, an OB-GYN at North Cascade Women's Clinc, alleging wrongful death of twin, nonviable fetuses she miscarried. Baum appeals the trial court's summary judgment...
Bowman v. Parry - 11/3/2003
Donald Bowman brought a negligence action against Blake Parry alleging injuries from a chain-reaction collision. Parry admitted he negligently rear-ended the vehicle in front of him, but denied that that vehicle then struck Bowman's...
Vitryachenko v. Taylor - 9/30/2003
Lyubov Vitryachenko appeals a defense verdict in her claim for damages arising from a vehicle collision in which she was injured. She contends the trial court improperly assigned to her the burden of proving the validity of a...
State v. Artis - 9/23/2003
James Broady Artis III appeals his convictions for second degree burglary and possession of a controlled substance. Mr. Artis contends his trial was beyond the speedy trial period, the deputy prosecutor made improper comments during...
Farhood v. Asher - 9/23/2003
In a wrongful death action, plaintiff Allyn attached defendant Asher's property by an ex parte process based on an allegation of injuries arising from felonious conduct. Asher sold the property to Farhood. After Asher was acquitted,...
Johnson v. Smythies - 9/22/2003
Gloria Johnson sued Dr. Christopher Smythies, a neurosurgeon, for malpractice and failure to obtain informed consent. She alleged that Dr. Smythies breached the standard of care because he concluded that the spinal cord damage she...
Quadrant Corp. v. American States Insurance Co. - 9/22/2003
In this insurance coverage case, The Quadrant Corporation, Equity Residential Properties Trust, and Roy Street Associates (collectively Insureds) appeal from summary judgment dismissal of their complaint against American States...
Simmons v. Kolken - 9/22/2003
Delores Simmons appeals the dismissal of her medical malpractice lawsuit against Dr. Richard Van Kolken and Northwest Radiologists, Inc. Simmons contends the trial court erred in dismissing the medical malpractice action on summary...
Youtsey v. Seattle University - 9/22/2003
A common carrier owes the highest duty of care to its passengers commensurate with the practical operation of its conveyance at the time and place in question and consistent with the practical operation of its business. In that...
Chang v. Johnson - 9/15/2003
This is an appeal from a judgment in small claims court. In creating the small claims department, the Legislature intended to 'provide a forum where litigants could obtain speedy, inexpensive and conclusive justice.' State ex rel....
Harvey v. University of Washington - 9/15/2003
Joseph Harvey appeals a superior court decision dismissing his motion to vacate an arbitrator's decision in a medical malpractice tort claim. He contends this court can review the arbitrator's decision because the provision waiving...
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