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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Tucker v. Hayford - 9/4/2003
Concurring: Frank L Kurtz, Kenneth H. Kato
OPINION PUBLISHED IN PART
We again note that a claim for personal injuries by a tenant can be premised on three distinct legal theories: contract (a rental agreement), common law...
Breckenridge v. Valley General Hospital - 9/4/2003
Oral Argument Date: 06/12/2003
EN BANC
Lynda Breckenridge was examined by Dr. Thomas Nowak in the emergency room for a severe headache. She later suffered a massive aneurysm in the occipital area of her brain. She then sued...
Johnson v. Construction & Consulting - 6/30/2003
Following a fire alleged to have spread because of inadequate fire stopping, the tenants of two town houses bought suit against the builder-vendor, alleging a breach of the implied warranty of habitability and negligence. The trial...
M.W. v. Department of Social and Health Services - 6/12/2003
Oral Argument Date: 10/29/2002
Concurring: Faith Ireland, Barbara a Madsen, Bobbe J Bridge, Gerry L Alexander, Susan Owens, Mary Fairhurst. Dissenting: Richard B Sanders, Tom Chambers
En Banc
This case requires us to...
Wade v. King - 6/10/2003
Janet Wade appeals the summary dismissal of her personal injury claim. We affirm.
On May 15, 1997, Ms. Wade was in a wheelchair due to a stroke. Her husband, Donald Wade, took her to Dr. James King's office for a dental...
Herman v. Estabrook - 6/2/2003
Dr. Lew Estabrook appeals from an adverse verdict in this medical malpractice action. He contends that the trial court committed reversible error when it precluded him from rebutting an element of the plaintiff's prima facie case and...
Escude v. King County Public Hospital District No. 2 - 6/2/2003
Concurring: Anne L Ellington, Susan R. Agid
A trial court's discretion under CR 41(a)(4) to order dismissal with prejudice should only be exercised in limited circumstances where dismissal without prejudice would be pointless....
Richardson v. Red Lion Hotels - 6/2/2003
After settling her personal injury and medical malpractice claims against a hotel and a physician, Lee Richardson became embroiled in a bitter dispute with her attorneys over fees and costs. The trial court entered findings and...
Shupe v. Ketting - 3/27/2003
Pamela Shupe sued her obstetrician, Dr. Effie Jean Ketting, for negligence based on the ineffective tubal ligation procedure Dr. Ketting performed in 1988. After the procedure, Ms. Shupe twice became pregnant. Ms. Shupe's medical...
Butler v. Joy - 3/20/2003
Mary Butler filed suit pro se against Dr. Lori Frank Joy for damages due to negligent medical care. The summons was never properly served. Dr. Joy filed a notice of appearance and moved for summary judgment dismissal within a month...
Harris v. Drake - 3/18/2003
The main question in this appeal is whether, in an action brought by a PIP (Personal Injury Protection) insured against a third-party tortfeasor, the work product privilege protects facts and opinions acquired, prepared, and...
State v. Gamble - 3/18/2003
A jury found Jacob Gamble guilty of first degree felony murder and second degree felony murder. He appeals, claiming numerous errors at trial, including insufficient evidence of his liability to robbery as an accomplice, and abuse of...
Harmon v. Wilson - 3/17/2003
John Harmon argues the King County Superior Court lacked subject matter jurisdiction to grant Brent and Karen Wilson's petition for reinstatement of their right to receive a deed at the expiration of their lease with Harmon. Harmon...
Hickle v. Whitney Farms - 3/13/2003
Oral Argument Date: 09/24/2002
Concurring: Charles Z. Smith, Charles W. Johnson, Faith E Ireland, Susan J. Owens.
Dissenting: Gerry L. Alexander, Bobbe J. Bridge, Richard B. Sanders, Barbara A. Madsen.
En Banc ...
State v. Clark - 3/11/2003
A jury convicted Garith Clark of first degree assault for the stabbing of Thomas Duval during an altercation at a Port Angeles residence. On appeal Clark challenges the admission of statements he made to police and jury instructions...
Sammamish Pointe Homeowners Association v. Sammamish Pointe L.L.C. - 3/10/2003
The plaintiff in this lawsuit served each of several out-of-state companies with a 20-day summons instead of the 60-day summons required by Washington's long-arm statute, RCW 4.28.180. The trial court erred in concluding that a...
Mendoza v. Rivera-Chavez - 2/25/2003
Leader National Insurance Company, as an insurer, mainly appeals the superior court's conclusion that Jose and Eliza Mendoza prevailed in their garnishment of policy proceeds stemming from a personal injury judgment against their...
Coleman v. Hoffman - 2/25/2003
Roberta Lynn Coleman appeals the trial court's grant of summary judgment on her common law premises liability claims against Anderson Hunter, Hoffman, and Olympic Coast Investment, Inc. (OCI). We reverse in part, holding that genuine...
Dalton v. State - 2/20/2003
In 1994, four-year-old Dirk Dalton was brutally beaten and killed by the foster father with whom he was temporarily residing while his mother was in a drug rehabilitation program. In the week prior to his death, Dirk's foster parents...
Sarti v. Unico Properties - 2/18/2003
Concurring: Mary K. Becker, William W. Baker
UNPUBLISHED
In this personal injury case arising from an elevator accident, Janine Sarti appeals the trial court's summary judgment orders dismissing her claims against the...
Linehan v. Safeway Stores - 2/18/2003
Concurring: Mary K. Becker, William W. Baker
Unpublished
This case is before us for discretionary review of the trial court's order denying Safeway Stores' motion for summary judgment against plaintiff Michelle Linehan....
Sitton v. State Farm Mutual Automobile Insurance Co. - 2/18/2003
This is a class action by State Farm insureds, who allege State Farm acted in bad faith to deny coverage for medical expenses. We granted discretionary review to determine whether the trial court erred in refusing to decertify the...
State v. Kibby - 2/18/2003
Concurring: William W. Baker, Ann Schindler
UNPUBLISHED
Freddie Lee Kibby appeals his conviction of two counts of second-degree possession of stolen property. The trial court did not abuse its discretion when it declined to...
Thompson v. East Pacific Enterprises - 2/18/2003
After eating almond chicken ordered from Genghis Khan, a restaurant, Debra Thompson had a severe allergic reaction. The reaction was caused by peanuts or peanut products to which Thompson had a known allergy. Thompson sued Genghis...
McClain v. Jerry DeBriae Logging - 2/14/2003
Russell McClain appeals an order of summary judgment dismissing his personal injury claim against Mike Beaston. We affirm.
FACTS
McClain and Beaston worked for Jerry DeBriae Logging Co., Inc. on November 7, 1997. After...
Lian v. Stalick - 2/11/2003
Susan Lian, now Susan White, sued her landlord (collectively Mr. Stalick) for injuries after she fell on the decrepit steps leading to her apartment. The trial court awarded Ms. White damages for breach of habitability under the...
In re Lingg - 2/4/2003
The appellant husband here challenges the propriety of the court's award of property, spousal support, and attorney fees. From our review of the record, some of the property distributed did not exist at the time of the dissolution....
Shugar v. Anderson - 2/3/2003
Tiffany Shugar was injured when the vehicle driven by her friend, Jeff Anderson, went out of control on black ice and crashed into a telephone pole. She filed a personal injury suit against Anderson. In her deposition, Shugar stated...
Graoch Associates #5 Limited Partnership v. Purcell - 2/3/2003
This appeal arises out of a construction defect lawsuit related to the construction of an apartment complex. The owner filed suit against Titan Construction Corporation, the general contractor on the project, alleging various...
Citoli v. City of Seattle - 11/25/2002
John Citoli operated his packaging fulfillment business on the first floor of the three-story Kalberer Hotel building located at 914 Virginia Street in downtown Seattle. Citoli was the only tenant; the upper two floors of the...
Mulcahy v. Farmers Insurance Company of Washington - 11/25/2002
Concurring: Ronald E. Cox, William W. Baker
This case raises an issue of first impression in Washington whether an insurer that has issued an automobile insurance policy in Washington, insuring a Washington-licensed automobile...
Truck Insurance Exchange v. Vanport Homes - 11/21/2002
Oral Argument Date: 11/08/2001
Concurring: Charles W. Johnson, Richard B. Sanders, Faith E Ireland, Susan J. Owens Dissenting: Bobbe J. Bridge, Charles Z. Smith, Gerry L. Alexander, Barbara A. Madsen
En Banc
We are...
Estate of Willingham v. Mid-Columbia Mental Health Center - 11/21/2002
Margaret Willingham, individually and as personal representative of the estate of her son, Robert Willingham, brought suit against Mid-Columbia Mental Health Center for damages resulting from medical malpractice. She claims her son's...
Almquist v. Finley School District No. 53 - 11/21/2002
The Washington Product Liability Act (Product Liability Act or Act) imposes strict liability on the manufacturer of a defective product. RCW 7.72.010(4); Hyjek v. Anthony Indus., 133 Wn.2d 414, 944 P.2d 1036 (1997). The Finley School...
Flint v. Donion - 11/18/2002
This case involves a dispute over legal fees between a client and an attorney who represented her in a personal injury lawsuit. After the client discharged the attorney, retained a new attorney, and settled her claim, her former...
Blankenship v. Kaldor - 11/7/2002
As modified November 12, 2002.
DIXIE BLANKENSHIP, A SINGLE WOMAN, APPELLANT, v. JULIANNE KALDOR AND JOHN DOE KALDOR, AND THE MARITAL COMMUNITY THEREOF, RESPONDENT.
Appeal from Superior Court of Benton County Docket No:...
State Farm Mutual Automobile Insuarance Co. - 11/7/2002
This is a dispute between a third party claimant and an automobile insurance carrier over the meaning of the terms of a settlement agreement. The claimant signed a full liability release in exchange for $7,500 and continued payment...
Critchlow v. Winterroth - 11/5/2002
Robert Critchlow filed two personal injury actions arising from two separate car accidents. The first accident involved defendants, Jamie Winterroth and Pamela Bean. The second accident involved defendants Sylvia Abbott and Stan...
Owen v. Burlington Northern Santa Fe Railroad - 11/4/2002
Glenn and Margie Nelson were killed when a train collided with their vehicle at a railroad crossing in Tukwila. The City of Tukwila and the State of Washington, sued for wrongful death by the Nelsons' daughter, Jean Owen, were...
Sisley v. Lupo - 11/4/2002
An insurer who provides underinsured motorist coverage is entitled to stand in the shoes of the tortfeasor and take an adversarial stance in litigation against its insured. In this case, Leroy Sisley argues that his insurer waived...
Hauber v. Yakima County - 10/31/2002
Oral Argument Date: 06/13/2002
Concurring: Gerry L. Alexander, Charles Z. Smith, Charles W. Johnson, Barbara A. Madsen, Richard B. Sanders, Faith E Ireland, Bobbe J. Bridge, Visiting Judge
En Banc
A total of six...
Neilson v. Corporation of the Presidin Bishop of the Church of Jesus Christ of Latter Day Saints - 9/30/2002
Todd Neilson was injured while attempting a double somersault on a trampoline, and as a result he is a quadriplegic. He sued the owners of the trampoline and the property where the accident occurred, James and Karen Nelson ('the...
State v. Sims - 9/23/2002
Where there is credible evidence of actual conduct from which a jury can reasonably determine that a defendant provoked the need to act in self-defense, an instruction to the jury that the defendant cannot claim self-defense if the...
Smith v. Behr Process Corp. - 9/13/2002
Behr Process Corporation appeals a judgment against it in this class action lawsuit. It claims trial court error in (1) certifying as a class all users of several Behr coating products in 19 western Washington counties; (2) entering...
Medina v. Public Utility District No.1 of Benton County - 9/12/2002
Oral Argument Date: 01/17/2002
Concurring: Charles Z. Smith, Charles W. Johnson, Bobbe J. Bridge, Susan J. Owens, Dissenting: Faith E Ireland, Tom Chambers, Richard B. Sanders, Gerry L. Alexander
EN BANC
In March,...
Hendon v. City of Everett - 9/9/2002
In this employment discrimination case, no questions of fact exist about Lloyd Herndon's harassment, retaliation, negligent infliction of emotional distress, outrage, defamation, or breach of contract claims. The trial court...
Santosa v. Chrysler Corp. - 9/9/2002
Indrasanti Santosa was seriously injured when a Jeep Grand Cherokee driven by Ida Gerstel suddenly accelerated and struck her. Following a trial in which Chrysler and Gerstel were both defendants, the jury found that a defect in the...
Beck v. Farmers Insurance Co. of Wa. - 9/6/2002
Concurring: David H. Armstrong, J. Robin Hunt
PUBLISHED IN PART
The main question in this case is whether, under the facts and circumstances present here, an UnderInsured Motorist (UIM) insurer is bound by the outcome of a...
State v. Read - 9/5/2002
Oral Argument Date: 01/29/2002
Concurring: Charles Z. Smith, Barbara A. Madsen, Bobbe J. Bridge, Tom Chambers, Susan J. Owens, Faith E Ireland, Dissenting: Richard B. Sanders, Gerry L. Alexander
En Banc
This case...
Riverview School District 407 v. Loadmaster Systems - 8/26/2002
Concurring: Faye C. Kennedy, Anne L. Ellington
UNPUBLISHED
Loadmaster Systems, Inc. appeals the judgment on a substantial jury verdict arising from an allegedly defective roof that Loadmaster provided to the Riverview...
Amunrud v. Fire and Casualty Insurance Co. - 8/26/2002
Following a car accident, the appellant submitted an underinsured motorist claim to his insurance company. In an arbitration of that claim, the arbitrator awarded him damages of $10,000. The appellant had previously settled with the...
Aspegren v. Mallory - 8/19/2002
Following an automobile accident, appellant Courtney Aspegren filed this action for personal injuries in King County Superior Court. Because the accident occurred in Snohomish County and the defendants lived in Snohomish County, the...
Reina v. Kim - 8/16/2002
Thomas and Leann Reina appeal a trial court summary judgment order dismissing their personal injury claims against Dong Wan Kim and Kwi Sim Kim, the owners of a bar in which the Reinas claim they were injured while being ejected...
Kamla v. Space Needle Coppoeration - 8/15/2002
Oral Argument Date: 11/27/2001
Concurring: Gerry L. Alexander, Charles Z. Smith, Barbara A. Madsen, Richard B. Sanders, Bobbe J. Bridge, Susan J. Owens, Dissenting: Tom Chambers, Faith E Ireland
En Banc
This case...
Wheeler v. Park Rose Care Center - 8/9/2002
Betty Cheng, as trustee of the Cheng Family Trust, leased a building and equipment owned by the trust to All Seasons Living Centers Associates, L.P. (All Seasons), a management corporation, for the purpose of operating the Park Rose...
Ryan v. State - 8/5/2002
Concurring: C. Kenneth Grosse, Mary K. Becker
PUBLISHED
Bryan C. Hugo appeals the trial court's award of attorney fees to Howard S. Stein, his former co-counsel, for work performed on behalf of their client in this...
Young v. Transit - 8/2/2002
Shirley Ann Young appeals summary judgment in favor of Intercity Transit, dismissing her claims of false imprisonment and personal injury. Agreeing with the trial court that she has no cause of action, we affirm.
FACTS ...
Ealy v. City of Seattle - 7/29/2002
Michael Randall Ealy died after a confrontation with police officers and paramedics who were attempting to restrain him while transporting him to the hospital. His mother, Ophelia R. Ealy, brought suit against American Medical...
Wylde v. Safeco Insurance Company of America - 7/29/2002
Washington resident Marie Wylde was injured by an uninsured Canadian motorist while she was driving an automobile in Quebec, Canada. Quebec law immunizes motorists from civil liability. Wylde's insurance policy covers damages that...
Stewart v. Newbold - 6/27/2002
Robert Stewart appeals the summary dismissal of his medical negligence claims against Walla Walla General Hospital and Kara Joscelyn-Torrey, a registered nurse. He contends the evidence established that the defendants violated the...
Lewis v. Hepper - 6/24/2002
Thomas Dean Lewis appeals from the summary judgment dismissing his personal injury action against Derrick and Ronell Hepper. Lewis, a professional roofer, was injured when he slipped off the roof of the Heppers' personal residence,...
Wilkinson v. Volinskiy - 6/17/2002
Jade Wilkinson appeals from the trial court's dismissal of her petition for a determination of reasonable attorney fees. The petition was brought more than 45 days after Wilkinson received a statement of her attorney's fees. We find...
McCreary v. Kantor - 6/17/2002
By statute, a prevailing party is entitled to attorney fees and costs in actions for damages of $10,000 or less. Because Crystal McCreary voluntarily dismissed her case, she recovered nothing, making Doron Kantor the prevailing...
Cowles v. State Farm Mutual Automobile Insurance Company - 6/17/2002
Marcus Cowles suffered injuries in Washington when he stepped in front of a moving car while walking along the highway. The family that owned the vehicle insured it through State Farm in Colorado. The policy provided Personal Injury...
State v. Rogers - 6/10/2002
UNPUBLISHED
Jimmy Rogers appeals his conviction for second degree assault with a sentencing enhancement for being armed with a firearm. There is no authority for the proposition that case authority applicable to plea agreements...
Massey v. Shake - 6/10/2002
This case involves a contractual indemnity claim brought by Microsoft Corp. against Adecco, Inc., fka Olsten Staffing Services. The parties contracted with Olsten to provide temporary workers to Microsoft.
Under the contract,...
Minton v. Ralston Purina Co. - 6/6/2002
Oral Argument Date: 03/19/2002
Concurring: Gerry L. Alexander, Charles Z. Smith, Charles W. Johnson, Barbara A. Madsen, Richard B. Sanders, Faith E Ireland, Tom Chambers, Susan J. Owens
EN BANC
George Minton suffered...
Wagg v. Estate of Dunham - 3/28/2002
Oral Argument Date: 02/12/2002
Concurring: Gerry L. Alexander, Charles Z. Smith, Charles W. Johnson, Barbara A. Madsen, Richard B. Sanders, Bobbe J. Bridge, Tom Chambers, Susan J. Owens
En Banc
Petitioner Estate of...
Richter v. Rossmeisl - 3/19/2002
Karen Richter sued her oral surgeon, Dr. Roman Rossmeisl, for injuries she allegedly sustained during a root canal operation. The trial court granted Dr. Rossmeisl's motion for summary judgment, finding that the two affidavits...
Nanovich v. Department of Labor and Industries - 3/15/2002
Jack Nanovich was injured on the job on February 6, 1987. He applied for Department of Labor and Industries (L&I; benefits about a week later. Seven years later, L&I;closed the claim and requested reimbursement for an...
Calisterio v. Kerns - 3/14/2002
The Calisterio family was injured when Lyle Kerns's vehicle crossed the center line and collided with their vehicle. Prior to the accident, Mr. Kerns had been drinking on the premises of his business, Artistic Towing, Inc. When the...
Smith v. Smith - 3/11/2002
At issue is the property distribution provisions of a marriage dissolution. The appellant, Kay Smith, represented herself pro se at trial and argues primarily that the trial court had a duty to inform her of her right to make an...
State v. Thang - 3/7/2002
Oral Argument Date: 09/20/2001
EN BANC
We are asked to review (1) the scope of privacy rights of a guest whose host consents to a search of the premises and (2) the admissibility of prior bad acts under the identity prong...
Christiano v. Associated Orthopaeic Specialists - 3/7/2002
Joseph Christiano had back surgery performed by orthopedic surgeon Dr. William Bronson. Sometime after the surgery, Mr. Christiano developed a disk space infection. The infection was not diagnosed for several weeks, and by that time,...
Eriksen v. Mobay Corp. - 2/21/2002
Alleging that he was damaged by exposure to pesticides, Peter Eriksen sued the pesticide's manufacturer, the applicators, and his neighbors under theories of negligence, strict liability, trespass, and product liability. Prior to...
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