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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State v. Miller - 2/19/2002
Concurring: H. Joseph Coleman, Marlin J Appelwick
PUBLISHED IN PART
Archie Miller appeals his conviction of two counts of murder in the first degree. The prosecutor, in rebuttal argument, commented that Miller had the...
Washington Casualty Co. v. Doctors' Co. - 2/19/2002
At issue in this appeal is the adequacy of notice to trigger coverage under a claims-made medical malpractice policy. We hold that notice of a claim alleging negligence in a procedure used to move an unborn baby out of a breech...
Hollister v. Gallion - 2/19/2002
The trial court entered judgment on a jury verdict in the defendants' favor in plaintiffs' personal injury action seeking recovery for injuries Larkann Hollister sustained when she fell off a mule during a packing trip led by...
Alexander v. Connelly Skis - 2/19/2002
Kris Alexander's personal injury case was dismissed by an order entered by a Special Master which found that the parties had not filed a confirmation of joinder, and had not filed an answer or default.
In fact, when this order...
In re Marriage of Phelan - 2/19/2002
Robert Schultz appeals a judgment ordering him to pay past due child support plus interest. He contends the trial court erred in refusing to apply the doctrine of laches to prohibit his ex-wife, Lane Phelan, from obtaining relief. He...
Harvey v. Williams - 2/15/2002
Sally and Craig Williams, the defendants in a personal injury case, appeal the trial court's order granting a new trial. Finding that substantial evidence supports the jury's verdict and that the verdict was not contrary to law, we...
CPL (Delaware) LLC v. Conley - 2/15/2002
The trial court resolved this dispute between Quad C Health Care Centers, the seller of nursing facilities, and CPL (Delaware) LLC, the purchaser of those facilities, by granting summary judgment to Quad C. Finding no disputed issues...
Barstad v. Stewart Title Guaranty Co. - 2/14/2002
Oral Argument Date: 10/23/2001
Concurring: Gerry L. Alexander, Charles Z. Smith, Charles W. Johnson, Barbara A. Madsen, Richard B. Sanders, Tom Chambers, Susan J. Owens
EN BANC
Presented here is a class of insured...
Fleming v. Spencer - 2/4/2002
UNPUBLISHED
Norman Spencer appeals the trial court's decision to award certain real property to Sheila Fleming, his companion for many years. He argues that a meretricious relationship did not exist between them and that the...
Hall v. State Farm Fire & Sasua - 12/24/2001
Bryon Hall appeals the trial court's dismissal of his claim for insurance coverage against State Farm. Hall brandished a handgun during a verbal confrontation with Eric Truong. Truong grabbed for the gun and was shot in the struggle....
McCauley v. Metropolitan Property and Casualty Insurance Co. - 12/24/2001
Concurring: Susan R. Agid, C. Kenneth Grosse
PUBLISHED
Metropolitan Property and Casualty Insurance Company appeals a summary judgment order declaring that Michael McCauley is entitled to underinsured motorist (UIM)...
Hofstee v. Dow - 12/20/2001
Concurring: Stephen M. Brown, Dennis J. Sweeney.
In this third appeal of a lawsuit that has yet to come to trial, Hans Hofstee challenges the trial court's dismissal of his claims for negligence and strict liability. The trial...
Hilger v. Green - 12/19/2001
Luann and Daniel Hilger appeal the denial of their affidavit of prejudice and seek remand to a different trial court. We reverse.
In October 1999, the Hilgers filed a personal injury action against Lisa and 'John Doe' Green. A...
Zollinger v. Boeing Co. - 12/17/2001
Jeanine Zollinger sued her employer, The Boeing Company, for failing to accommodate her disability as required by the Washington Law Against Discrimination (WLAD), chapter 49.60 RCW. Zollinger claimed Boeing had two reasonable means...
Snyder v. Medical Service Corporation of Eastern Washington - 12/13/2001
Oral Argument Date: 09/28/2000
Concurring: Charles Z. Smith, Barbara A. Madsen, Bobbe J. Bridge, Richard P. Guy, Dissenting: Faith E Ireland, Charles W. Johnson, Gerry L. Alexander
En Banc
We review a Court of Appeals...
Oregon Mutual Insurance Company v. Barton - 12/13/2001
An insurance settlement induced by fraudulent misrepre sentations is void. But the misrepresentations must be relevant and must predate the settlement. Here, Oregon Mutual Insurance Company accused its insured, George Barton, of...
Wharton v. Earl Brown & Sons - 12/11/2001
Daniel L. Wharton, a Washington resident, was injured in an industrial accident at the site of a construction project at the Earl Brown & Sons, Inc., (Brown) storage facility located in Milton-Freewater, Oregon. At the time of...
Chauvlier v. Booth Creek Ski Holdings - 12/3/2001
In this personal injury action, Francois Chauvlier sued Booth Creek Ski Holdings, Inc. after he was injured while skiing at Alpental, a recreational ski area owned by Booth Creek. The trial court granted Booth Creek's motion for...
Kim v. Lee - 9/20/2001
Oral Argument Date: 05/22/2001
Concurring: Charles Z. Smith, Charles W. Johnson, Bobbe J. Bridge, Susan J. Owens, Tom Chambers, Gerry L. Alexander, Dissenting: Richard B. Sanders, Barbara A. Madsen.
En Banc
This is a...
State v. Pauling - 9/17/2001
A statute that defines the word 'threat' to include the communication of information that is not inherently wrong or unlawful sweeps too broadly to withstand constitutional challenge. Washington's extortion statute is overbroad...
Bray v. CKM Associates - 9/17/2001
Rick Bray appeals the trial court's summary judgment dismissal of his personal injury claims against CKM Associates for negligent supervision of CKM's work crew and work site, and for breaching a common law duty to provide a safe...
Clark-Ianniciello v. Mann - 9/17/2001
The sole issue in this appeal is whether there is a genuine issue of fact as to whether Gail Mann drove a car that collided with Pennie Clark-Ianniciello's Jeep in a hit and run accident. We hold there was not and affirm the trial...
Safeco Insurance of Illinois v. Automobile Club Insurance Co. - 9/17/2001
After cooperatively funding a $1.5 million settlement with the victims of a single car accident, three insurance companies now dispute how payment of the settlement should be apportioned among them. Safeco of Illinois and Safeco of...
State v. Eggleston - 9/14/2001
In this consolidated appeal, Brian Eggleston challenges the results of two trials. At the first trial, he was convicted of first degree assault, two counts of unlawful delivery of a controlled substance (marijuana), one count of...
Guillen v. Pierce County - 9/13/2001
Oral Argument Date: 11/16/2000
Concurring: Charles Z. Smith, Richard B. Sanders, Faith E Ireland, Richard P. Guy, Barbara A. Madsen, Gerry L. Alexander, Charles W. Johnson
EN BANC
The respondents in these consolidated...
Shoop v. Kittitas County - 9/10/2001
The Legislature has recently manifested its intent that RCW 36.01.050 should be construed as a venue statute. Therefore, when a plaintiff commences suit against a county in the superior court of a county not designated in RCW...
State v. Cho - 9/4/2001
This case arises from a juror's failure to disclose during voir dire that he was a retired police officer. A presumption of bias arises when a juror deliberately withholds material information in order to be seated on a jury. We...
Al-Gharib v. Al-Kheyat - 9/4/2001
A trial court has authority to vacate a judgment when it becomes aware that a prevailing party gave false testimony material to the judgment. When a party willfully disregards a trial court's discovery order the court has authority...
Powell v. Sphere Drake Insurance - 9/4/2001
Sphere Drake, a marine liability insurer, orally promised to give David Powell a Letter Of Undertaking (LOU) in exchange for his release of an insured vessel from judicial arrest. Powell released the vessel, but did not obtain the...
Degel v. Buty - 8/27/2001
This is an appeal of a defense jury verdict in a medical malpractice case against a doctor who delivered a brain-damaged baby. The focus of the appeal is whether the doctor failed to obtain informed consent when he artificially...
Rasmussen v. Bendotti - 8/21/2001
To hold a defendant liable for negligence, the plaintiff must show that the defendant proximately caused the plaintiff's injury. Crowe v. Gaston, 134 Wn.2d 509, 514, 951 P.2d 1118 (1998). Proximate cause is generally a question of...
Burman v. Keller Ladders - 8/20/2001
Lisa Swift was injured in a fall from a ladder. She, her husband, and the trustee in their bankruptcy proceeding sued Keller Ladders, Inc., the successor of the ladder's manufacturer, alleging that defects in the ladder caused her...
Kehoe v. Tri-Star Marine - 8/20/2001
Frank Kehoe was injured while painting a fishing vessel in dry dock. The issue is whether the Longshore and Harbor Workers' Compensation Act (LHWCA) provides the exclusive remedy for Kehoe's injuries. Kehoe was a sole proprietor who...
Johnson v. Si-Cor - 8/14/2001
During the time that Robert Johnson was going through bankruptcy, he broke a tooth biting into a McDonalds sandwich. After his bankruptcy case was closed, Mr. Johnson filed a lawsuit against Si-Cor Inc. of Wenatchee and Lopez Foods...
Koch v. Mutual of Enumclaw Insurance Co. - 8/13/2001
At the request of Mutual of Enumclaw (MOE), appellant Alberta Koch's insurer, respondent Dr. John McDermott conducted an independent review of Koch's medical records. Based on Dr. McDermott's report, MOE declined to make payments...
Tegman v. Accident & Medical Investigations - 8/13/2001
Concurring: Susan R. Agid, H. Joseph Coleman
PUBLISHED IN PART
When a paralegal performs legal services with knowledge that there is no supervising attorney responsible for the case, the paralegal will be held to an...
Tolson v. Allstate Insurance Co. - 8/13/2001
William Tolson appeals from a trial court order denying his motion to vacate an arbitrator's award. Because the arbitrator's letter is internally inconsistent, it is legally erroneous on its face. Accordingly, we reverse with...
O'Donnell v. Zupan Enterprises - 8/10/2001
In this personal injury action, we hold that a check-out aisle of a grocery store where customers are responsible for unloading their own groceries is a self-service area and, thus, the proprietor is charged with knowledge of the...
Kadabra-Lord v. State Farm Mutual Automobile Insurance Co. - 8/6/2001
This appeal is from an order of summary judgment dismissing a bad faith claim against State Farm. The claimant was injured in two separate automobile accidents five months apart. State Farm paid some of the claimant's medical bills...
Schumacher v. Williams - 8/6/2001
Charles Schumacher (Schumacher) is the brother of Maria Schumacher (Maria), a disabled resident of an adult boarding home who died as a result of hot water burns suffered at the hands of another resident. Schumacher was not dependent...
In re Estate of Stein - 7/30/2001
The appellant has moved for reconsideration of the court's unpublished The unpublished opinion in this case was filed on February 15, 2001. Upon reconsideration, the court has decided to withdraw the opinion filed on February 15,...
In re Marriage of Brown - 7/30/2001
Michael Brown appeals the trial court's division of property in his marital dissolution case. Finding no abuse of discretion, we affirm.
Michelle and Michael Brown had an eleven-year marriage. The parties do not have any...
Smith v. Renton School District No. 403 - 7/30/2001
Joe Lee Smith, a wrongful death plaintiff, filed a claim with the Renton School District, then filed suit. The District did not formally appear or answer in response to the complaint, and Smith obtained a default judgment without...
Gibbons v. Boeing Co. - 7/30/2001
John Gibbons appeals from a summary judgment dismissing his workers' compensation claim. Because he was voluntarily retired, he was ineligible for time-loss compensation. We therefore affirm.
FACTS
John Gibbons was a...
Nielsen v. Port of Bellingham - 7/30/2001
Concurring: Walter E. Webster, C. Kenneth Grosse
PUBLISHED IN PART
After the trial court refused to rule that the recreational use statute immunized the Port of Bellingham from liability for Joyce Nielsen's negligence suit,...
Demelash v. Ross Stores - 3/26/2001
Ayalew Demelash sued Ross Dress for Less after its security agents detained him on suspicion of shoplifting. He prevailed on none of his claims and he now appeals, assigning error to pretrial discovery orders, summary judgment...
State v. Freeburg - 3/26/2001
PUBLISHED OPINION (IN PART)
The chief issue in this case is whether evidence of possession of a weapon at the time of arrest was properly admitted as evidence of flight. Because we hold that in this case it was not, and...
Medina v. Public Utility District - 3/15/2001
Alirio Medina was injured after being struck by a Benton County PUD No. 1 truck. Mr. Medina and his wife filed a claim for personal injuries with the PUD and 57 days later they filed a lawsuit with the superior court. The case was...
Altamirano v. Dexter - 3/13/2001
Chiropractor Kris Dexter treated Sanjuanita Altamirano for injuries she received in a car accident. As part of her treatment, he performed an intrarectal adjustment of her coccyx bone by inserting his finger into her rectum. Claiming...
Winbun v. Moore - 3/8/2001
Oral Argument Date: 10/24/2000
En Banc
Petitioner Gail Winbun sought review of a Court of Appeals' decision reversing a jury verdict which awarded her damages for negligent medical care provided by Dr. Stephen Epstein....
Ezell v. Hutson - 3/6/2001
Panel Five
In this medical negligence action, Robert and Virginia Ezell appeal from a defense judgment in favor of Dr. Scott Hutson. Despite settled precedent, they argue the giving of 6 Washington Pattern Jury Instructions:...
State v. Beagles - 3/5/2001
Ronald Beagles was charged with second degree assault after he shot Vernon Mitchell during an altercation on the West Seattle Bridge. After unequivocally asserting his intent to proceed pro se at his trial, Beagles realized he made a...
Scott v. Grader - 3/5/2001
The appellant asks us to decide whether the tax returns and 1099 forms of expert witnesses are discoverable, an issue Washington courts have not yet addressed. We do not find the issue to be squarely presented in this appeal of a...
Kamla v. Space Needle Corporation - 3/5/2001
Jeff Kamla appeals from the summary judgment dismissal of his personal injury action against The Space Needle Corporation (Space Needle). Kamla, an employee of a fireworks company, was injured by the movement of the Space Needle...
Gorton v. Intel Corporation - 3/5/2001
Cheryl Gorton appeals from a memorandum opinion that affirmed a ruling of the Board of Industrial Insurance Appeals denying benefits. Because the superior court never entered a final, appealable order Gorton's appeal to this court is...
Esparza v. Skyreach Equipment - 12/26/2000
PUBLISHED OPINION
Matt Esparza was in a manlift painting a ship when the manlift tipped over, causing him to fall approximately 50 feet to a steel dry dock deck and injuring him severely. Esparza sued Skyreach Equipment, Inc.,...
King v. Olympic Pipe Line Co. - 12/26/2000
Whether to stay civil proceedings to protect a party's Fifth Amendment rights when parallel criminal proceedings are pending is a matter within the sound discretion of the trial court. No previous Washington decision has set forth...
Ray v. Clark - 12/26/2000
This case stems from a fall taken by an 18-month-old off an apartment unit's second floor balcony. The child and her mother, who were the tenant's invitees, sued the landlord in tort. They alleged that the landlord had a duty under...
Garabedian v. Youngren - 12/26/2000
UNPUBLISHED
Absent a genuine issue of material fact that the owner of property abutting a sidewalk where an injury occurred had notice of the existence of a hole that caused the injury, summary judgment is proper. Because there...
Estate Of Ashley Jones v. State - 12/26/2000
Recent decisions of the State Supreme Court compel the result in this case. Quasi-judicial immunity does not apply where a claim of negligent supervision arises from the failure to properly monitor and report a probationer's possible...
Pfaff v. State Farm Mutual Automobile Insurance Company - 12/21/2000
Maureen Pfaff appeals an order setting aside a default judgment on condition that State Farm pay terms. We affirm.
On April 29, 1996, Maureen Pfaff was injured in an auto accident. Because the other motorist was not insured,...
Lawler v. Hensley - 12/21/2000
Dec. 21, 2000
George Lawler appeals the trial court's judgment as a matter of law in his personal injury lawsuit against James Hensley and Erica Hensley, who are father and daughter. Since the Hensleys had admitted liability,...
Weyerhaeuser Co. v. Commercial Union Insurance Co. - 12/21/2000
Oral Argument Date: 05/09/2000 06/08/1999
En Banc
Massive costs associated with hazardous waste cleanup prompt this litigation between insured and insurer to allocate financial responsibility pursuant to the terms and...
State v. Bottrell - 12/15/2000
OPINION PUBLISHED IN PART
Teresa Ann Bottrell was charged with first degree premeditated murder and first degree felony murder in the death of John Hall. She appeals her convictions for first degree felony murder and the lesser...
Davis v. Tremaine - 12/11/2000
PUBLISHED
Does the six-year statute of limitations for written contracts apply to this legal malpractice action because of language in the letter of engagement between Dr. Andrew Davis and Davis Wright Tremaine LLP ('DWT')? If...
State v. I.B. - 11/27/2000
I.B. appeals his juvenile court conviction of assault in the second degree for stabbing another boy during a fight after school. He contends that the court improperly excluded evidence of the violent reputation of one of the boys...
Dighans v. Nordstrom - 11/14/2000
Nov. 14, 2000
Vance W. Dighans appeals from a Spokane County Superior Court order denying his CR 60(b) motion to vacate an order dismissing with prejudice his personal injury complaint for damages against Nordstrom, Inc., for...
Holbrook - 11/9/2000
Holbrook, Inc. (Holbrook) appeals the summary judgment dismissal of its product liability lawsuit to recover on warranties for a defective log loader from Link-Belt Construction Equipment Company and Isuzu Diesel of North America,...
Henley v. Lee - 11/6/2000
In August 1997, Stephen Henley petitioned for dissolution of his law firm, Lee, Smart, Cook, Martin, and Patterson, P.S., Inc. (hereinafter Lee Smart), and asserted a host of claims, including discrimination, retaliation, shareholder...
In re Marriage of Mazzi - 11/6/2000
When a severe economic hardship exists, the court has wide discretion to modify the support order as well as to reevaluate the underlying facts. The common law doctrines of finality are superceded when the statutes governing the...
All-American Homes - 11/6/2000
Horan Company appeals an order denying its motion to vacate a default judgment. Because Horan has failed to establish a prima facie defense to the claim asserted by All-American, we affirm the trial court order.
In August 1990,...
Hoff v. Faul - 11/3/2000
Kimberly and Larry Hoff (Hoff) appeal a mistrial order, contending the trial court erred in ruling that the 'inadvertent' mention of liability insurance during closing argument prejudiced Stephen Faul's right to a fair trial. Faul...
State v. Bradley - 9/28/2000
Oral Argument Date: 05/16/2000
We determine in this case the proper test for use of force by a person in self-defense to the actions of a correctional officer. Because we believe the circumstances of individuals using force in...
Hutchinson v. Sacred Heart Medical Center - 9/19/2000
In part, the summary judgment motion is designed to eliminate the need for trials on issues that cannot be factually supported. But it should not be used to eliminate the need for trials on issues where there is a genuine issue of...
Pulcino v. Federal Express Corp. - 9/14/2000
Oral Argument Date: 01/27/2000
En Banc
In this employment discrimination case, both parties sought discretionary review. Leanne Gross Pulcino claims that the lower courts failed to recognize that her disability...
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