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. Smith - 9/12/2000
A trial court has discretion to impose courtroom security measures after a hearing. The court here imposed stringent security measures during Ephraim Smith's trial. The jury convicted Mr. Smith of second degree assault. We conclude...
State v. Noah - 9/11/2000
Noah and Casebeer were involved in activities protesting Calof's work in repressed memory recovery. Calof secured an antiharassment order against Noah. Noah was found in contempt for violating the antiharassment order. Noah...
Johnson v. Jensen - 9/7/2000
On the afternoon of December 18, 1996, Nathan Johnson, age 15, was walking to Rogers High School in Spokane, when he slipped and fell on an icy public sidewalk abutting the residential property of Harry and Joella Jensen. Nathan's...
Weininger v. Allan - 9/5/2000
UNPUBLISHED
At issue is whether the trial court abused its discretion by its orders compelling discovery and denying the motion for reconsideration. Because the orders were proper, we affirm.
Susan and Arthur Weininger...
Freise v. Kahr - 9/5/2000
Jeff Barrett's wife hired the Freise & Welchman law firm to seek compensation for his personal injuries. After his wife filed for divorce, Jeff Barrett discharged Freise & Welchman and hired Attorney Helga Kahr to represent...
Miller v. Jacoby - 8/28/2000
Mary Lou Miller sued two physicians and their employer for medical malpractice when a portion of a Penrose drain remained in her body following surgery. The drain was deliberately placed in the surgical wound to facilitate...
Fluke Corp. v. Hartford Accident & Indemnity Co. - 8/28/2000
In a California lawsuit, a jury found that Fluke Corporation had maliciously prosecuted a claim against a competitor. The court entered judgment for both punitive and compensatory damages. Fluke had commercial liability insurance...
Jones v. Marshall - 8/28/2000
The issue in this case is whether an attorney can be liable for attorney malpractice for engaging in consensual sexual relations with a former client. We are aware of no published Washington case in which an attorney was held civilly...
Weisenburg v. Townsend - 8/28/2000
David Weisenburg, Jr. (David Jr.) was playing with friends on Peter Townsend's property when he climbed on top of a short platform-like fence, grabbed a branch on a madrona tree, and swung. The branch broke sending David Jr. to the...
Ruiz-Guzman v. Amvac Chemical Corp. - 8/24/2000
Oral Argument Date: 02/17/2000
Source of Appeal: Date first document (petition, etc) was filed at Supreme Court: 07/22/1999
CERTIFICATION FROM THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
En Banc ...
Darms v. Bunce Rental - 8/18/2000
In a product liability action, Robert and Deborah Darms sought to recover for injuries Robert received when he fell from a platform lift that rolled and toppled over while he was cleaning awnings. The Darmses filed a lawsuit against...
Peterson v. Peterson - 8/18/2000
Betty Ianicelli and Lester Peterson appeal the trial court's denial of their motion for reconsideration, in which they sought application of the common law discovery rule to extend the four-month period for contesting a will under...
Ahmed v. Department of Social and Health Services - 8/18/2000
The Department of Social and Health Services (DSHS) terminated the employment of Dr. Tariq Ahmed, a physician at the Rainier School for the developmentally disabled. DSHS alleged that Ahmed failed to treat patients and staff with...
Kadmiri v. Claassen - 8/15/2000
Darlene L. Claassen struck the car in front of her causing that vehicle to rear-end James N. Kadmiri's car. Ms. Claassen disputed Mr. Kadmiri's damages, but stipulated to liability. At trial, three physicians who examined Mr. Kadmiri...
1519-1525 Lakeview Bouldevard Condominium Association v. Apartment Sales Corp. - 8/14/2000
Three condominiums were built on a steep Seattle hillside. After a winter storm, they slid downhill and are now uninhabitable. The condominium owners and the Lakeview Boulevard Condominium Association (Lakeview) brought various...
MeNeely v. S.R. Smith - 8/3/2000
Panel Five
OPINION PUBLISHED IN PART
The National Spa and Pool Institute (NSPI) is a trade association whose membership consists of manufacturers and retailers of swimming pools and related equipment. Since 1959, it has...
Overton v. Consolidated Insurance Company - 8/1/2000
We are again presented with the question of whether placement of a pollutant (here PCBs) falls within the comprehensive general liability policy definition of an 'occurrence.'
Insurance coverage for property damage secondary to...
Coe v. Wardle - 7/31/2000
To prevail on a defense motion for summary judgment, the plaintiff in a medical malpractice case must meet the statutorily mandated burden of proof. Because the affidavit provided by Coe's expert medical witness fails to meet this...
Hildahl v. Bringolf - 7/28/2000
John Hildahl (Hildahl) appeals the summary judgment dismissal of his personal injury lawsuit against Gregory Bringolf (Bringolf) for injuries sustained while repairing the roof on Bringolf's house. Bringolf had hired his renter,...
Meyer v. Burger King Corp. - 6/23/2000
Patricia Meyer sued her mother's employer, Sonrise Management, Inc., for injuries she sustained in utero when her mother lost her footing on a slippery floor at work and fell against a table. Sonrise contends that the Washington...
Hendrickson v. King County - 6/23/2000
King County appeals a judgment against it in favor of Bryce Hendrickson and his parents. Hendrickson sustained a spinal cord injury after he dove into a County-owned swimming pool. The County claims the trial court improperly applied...
Zurich Insurance Company v. Continental Insurance Company - 6/19/2000
Unpublished
Zurich Insurance Company sought contribution from the respondents, Continental Insurance Company and Boston Old Colony Insurance Company, contending they had a common obligation to defend and indemnify their insureds...
Lewis v. Krussel - 6/16/2000
During a windstorm, two large healthy hemlock trees fell on the home of Dawn Lewis and Darold Teitzel. Lewis and Teitzel sued Gary and Nancy Krussel, who owned the property on which the trees had been growing. Because there was no...
Hayden v. Mutual of Enumclaw Insurance Co. - 6/15/2000
Oral Argument Date: 02/17/2000
En Banc
Hayden Farms seeks review of the summary judgment dismissal of its suit against the Mutual of Enumclaw Insurance Company (MOE) for recovery of insurance benefits and breach of the duty...
Estate of Lee v. City of Spokane - 6/15/2000
The estate and survivors of Elwood R. Lee brought federal and state tort claims against the City of Spokane and two individual police officers after Mr. Lee was fatally shot during a domestic violence incident. The issues presented...
Federated Services Insurance v. Personal Representative of Estate of Norberg - 6/12/2000
In a survival action, a panel of arbitrators awarded damages to a young man's estate for the inheritance he would have received from his parents if he had outlived them. We hold the award was erroneous on its face and the trial court...
State v. Taylor - 6/2/2000
Dennis Sturdivant was shot and killed while trying to collect an $1,800 debt for drugs that he supplied to Russell Taylor. Taylor was convicted of second degree murder. Taylor appeals, arguing that the evidence is insufficient to...
Drozdowski v. Chilson - 6/1/2000
This is a medical malpractice case. Susan Drozdowski claims she suffered significant emotional distress as the result of medical negligence by Dr. Donald Chilson. Dr. Chilson performed a radiofrequency ablation procedure on Ms....
Tarver v. E.J. Bartells Co. - 5/15/2000
Marthelma Tarver, on her own behalf and as the representative of the estate of Jewel Tarver, appeals the trial court's ruling dismissing their asbestos-related claims against Rapid-American Corporation, a successor in interest to the...
Richeson v. State of Washington - State Patrol - 5/11/2000
May 11, 2000
After a high speed pursuit through central Washington, Matthew Walden avoided a police trap by crossing the median and driving the wrong way on the freeway. His car hit two other vehicles, killing James Richeson....
Carter v. State - 5/5/2000
James Carter, Jr. appeals his conviction of first degree burglary, arguing that the trial court erred in (1) denying him the opportunity to cross-examine the victim about her prior acts of aggression, and (2) admitting the...
Aluminum Co. of America v. Aetna Casualty & Surety Co. - 5/4/2000
Oral Argument Date: 01/27/2000
We are asked in this case to apply the law of Pennsylvania to resolve disputes between the Aluminum Company of America, its subsidiary Northwest Alloys, Inc. (Alcoa), and 167 insurers regarding...
Peterson v. Christie - 3/27/2000
UNPUBLISHED
At issue is whether RCW 4.16.180 applies here to toll the three-year statute of limitations for a personal injury action. Because respondents Christie neither departed from and resided out of the state after the...
Fichtner v. Mutual Enumclaw Insurance Co. - 3/27/2000
PER CURIAM.
Although Mutual of Enumclaw paid the limits of the insurance policy it issued to Carol Fichtner for underinsured motorist (UIM) coverage, Fichtner moved to compel arbitration. The superior court erred when it...
Goodwin v. Wright - 3/27/2000
Kenneth Goodwin was injured when a rebuilt hydraulic cylinder failed. Eastside Machine had made the cylinder by disassembling two others and making one. Eastside was insured by Western National Assurance Company under a commercial...
State v. Dennis - 3/27/2000
Edgar Dennis III pleaded guilty to three counts of third degree assault for allegedly assaulting Seattle Police Officers Zsolt Dornay, Aaron Libby, and another officer. At the restitution hearing, the State established the required...
McIndoe v. Department of Labor and Industries of the State of Washington - 3/23/2000
These three consolidated workers' compensation cases present one question. Can a worker receive an award for permanent partial disability (PPD) for a pre-existing condition if the claim is filed after a pension for an unrelated...
Hall v. Dominican Sisters of Spokane - 3/23/2000
March 23, 2000
Ronald and Kathy Hall appeal a judgment entered in favor of Dominican Sisters of Spokane, a/k/a Dominican Health Services, d/b/a Holy Family Hospital (Hospital) as well as the court's denial of their motion for a...
[U} Villani v. Wegener - 3/16/2000
In an action for damages sustained in an automobile accident, the jury awarded Thomas Villani less than the amount both parties agreed would be reasonable for special damages alone. Mr. Villani appeals, contending the verdict is...
Kuespert v. Treloar - 3/9/2000
Dr. Richard Treloar implanted a Steffe stabilizing plate and screws in Dennis Kuespert's back during lumbar fusion surgery. After the screws broke, Mr. Kuespert sued, alleging, among other things, that Dr. Treloar should have...
Morgan v. Dunn - 3/9/2000
On summary judgment, the superior court ruled Patricia Dunn was liable to Barbara Morgan for injuries sustained in an automobile accident. The parties proceeded to trial on the issue of damages. Ms. Morgan appeals the $4,000 jury...
Tyrrell v. Farmers Insurance Co. of Washington - 3/9/2000
EN BANC
Michael Tyrrell, respondent, brought an action in Spokane County Superior Court against Farmers Insurance Company of Washington (Farmers), petitioner, requesting a declaratory judgment that Tyrrell's tripping while...
Jones v. Sisters of Providence In Washington - 3/9/2000
En Banc
The sole issue before this court in this medical malpractice action is whether reversal was required because an alternate juror participated in deliberations. We hold that under the facts of this case it was prejudicial...
Savoy v. Tse - 3/3/2000
Tom Savoy appeals from a summary judgment dismissal of his claims for personal injury against Dr. Dany Tse, a dentist. We affirm.
FACTS
On March 22, 1994, Dr. Tse surgically treated Savoy for periodontal disease. Savoy...
Truck Insurance Exchange v. Vanport Homes - 3/3/2000
ORDER ON REMAND
Pursuant to the Supreme Court's order of remand, we have reconsidered our opinion filed March 3, 2000, in light of Hayden v. Mutual of Enumclaw Ins. Co., 141 Wn.2d 55, 1 P.3d 1167 (2000). We adhere to our original...
Nielson v. Eisenhower & Carlson - 3/3/2000
Brad and Stacey Nielson, on behalf of their daughter Christina Nielson, appeal a summary judgment dismissal of their legal malpractice claim against Ronald A. Roberts and his law firm, Eisenhower & Carlson. The malpractice suit...
Mollotte v. Lightfoot - 2/29/2000
Leo and Barbara Mollotte ask this court to reverse a summary judgment dismissal in favor of Lonny and Terry Lightfoot. The Mollottes filed a claim for damages suffered as a result of an automobile accident. The trial court dismissed...
Winters v. State Farm Mutual Automobile Insurance Co. - 2/29/2000
Three questions are presented. (1) After a PIP insured has fully recovered his or her damages, does a PIP insurer have a right to reimburse itself for its earlier PIP payments by deducting the amount of such payments from a UIM...
Henry v. Krause - 2/14/2000
In this personal injury action, the trial judge granted Shane Henry a default order against Clint Krause despite the fact that Krause's answer, although untimely, was filed and served before the default hearing. Armed with that...
Kaur v. Halter - 2/14/2000
Harvinder Kaur appeals the dismissal of her personal injury lawsuit on the basis of insufficient service of process. Kaur attempted to effectuate substitute service of process under RCW 4.28.080 by serving process on one of the...
Whatcom County v. State - 1/31/2000
- Whatcom County Deputy Prosecuting Attorney David Graham was sued for negligence and violation of civil rights pursuant to 42 U.S.C. sec. 1983. The Washington State Attorney General rejected Graham's request for a state-funded...
Bruwaene v. Barclay Seafood - 1/31/2000
Barclay Seafood & Meat Co., Inc., the defendant in a personal injury action, argues the trial court erred in denying its motion to exclude a physician's testimony or to grant a continuance and in denying its untimely motion for a...
Allen v. General Electric Co. - 12/23/1999
Donald Allen's complaint against General Electric and the other named defendants (collectively "G.E."), related to injuries sustained cleaning up chemicals, was dismissed on a summary judgment as time barred. Mr. Allen in his appeal...
Caroff v. Farmers Insurance Company of Washington - 12/20/1999
This appeal requires us to determine the effect of a severability clause on exclusions that preclude coverage for injury caused by intentional acts of "an insured" and for injury arising out of actual, alleged, or threatened child...
Dedman v. Washington Personnel Appeals Board - 12/17/1999
Department of Corrections ("DOC") employee Judith Dedman appeals the Washington Personnel Appeals Board ("PAB") ruling that, because her permanent disabilities prevented her from physically restraining inmates, she could not perform...
Bricker v. Jackpot Convenience Stores - 12/17/1999
Roger and Linda Bricker appeal the summary judgment of their wrongful termination case, arguing that: (1) in granting summary judgment, the trial court relied on a defective declaration; (2) material issues of fact exist as to...
Norton v. Brown - 12/16/1999
As amended June 13, 2000. Order to publish granted.
JEFFREY M. NORTON, A MARRIED PERSON, RESPONDENT, v. LOYAL W. BROWN AND JANE DOE BROWN, HUSBAND AND WIFE, APPELLANTS.
Source of Appeal: Appeal from Superior Court of...
Brand v. Department of Labor and Industries of the State of Washington - 12/16/1999
Oral Argument Date: 05/27/1999
EN BANC
Catherine Brand seeks review of a published Court of Appeals decision ordering a reduction and recalculation of the attorney fees awarded to her in a workers' compensation case. Brand...
Sanderson v. University Village - 12/13/1999
PUBLISHED IN PART
Norman Sanderson, a former employee on the maintenance crew at University Village, filed suit against the new owner of the complex, University Village Imp., alleging that it denied him employment based on his...
Cloud v. Summers - 12/13/1999
A federal district court dismissed Darrell Cloud's section 1983 civil rights claim against the Seattle Public School District arising from childhood sexual abuse by Darrell's former teacher, Neal Summers, ruling that the claim was...
Meadows v. Singh - 12/10/1999
Stephen A. Meadows appeals the dismissal of his personal injury complaint against Kiran Singh. We reverse and remand for further proceedings.
On May 2, 1993, Stephen Meadows was riding his bicycle when he was hit by a car...
Columbia Basin Fitness Club v. T.C. Investments - 11/30/1999
Columbia Basin Fitness Center (CBFC) offered to purchase property owned by T.C. Investments. Four of T.C. Investments' nine partners approved the sale. Although the partnership agreement provided that seven partners had to approve,...
State v. Sims - 11/29/1999
Appellants Umi and Mosi Sims, twins at birth, appeal their convictions for second-degree felony murder and manslaughter in the first degree, respectively. Umi challenges (1) the trial court's refusal to instruct on the defense of...
Brown v. Stevens Pass - 9/20/1999
Lewis W. Brown filed a personal injury action against Stevens Pass, Inc., to recover damages for injuries he sustained in colliding with a fixed metal post embedded in concrete that supported a metal snow fence at the Stevens Pass...
Niven v. E.J. Bartells Co. - 9/20/1999
This is an appeal from an order of summary Judgement dismissing an injured worker's cancer claim against Rapid-American Corporation. We reverse. First, Rapid-American was not released by the worker's earlier settlement of his...
Eelbode v. Chec Medical Center - 9/17/1999
Norbert Eelbode appeals a summary Judgement dismissing his medical malpractice complaint against a physical therapist who conducted a pre-employment physical. In granting summary Judgement, the trial court ruled that there was no...
Mayer v. STO Industries - 9/10/1999
Kurtis R. and Pamela Mayer filed a lawsuit against Sto Industries, Inc. (Sto) alleging that Sto's product, synthetic exterior stucco, was defective and that application of the product to their newly- constructed home caused damage to...
Sprague v. Sysco Corporation - 8/30/1999
Appellant Patricia Sprague appeals the trial court's order denying her motion under CR 17(a) to substitute her bankruptcy trustee as plaintiff in her discrimination action against Respondent Sysco Corporation with relation back to...
Moodenbaugh v. Stock - 8/30/1999
UNPUBLISHED
Michael Moodenbaugh appeals a Judgement entered on an adverse jury verdict following trial of his action against Jeffrey Stock and Omni Properties, Inc. Because there was no reversible error in denying Moodenbaugh's...
Winbun v. Moore - 8/30/1999
Under RCW 4.16.350(3) , a professional negligence claim against a health care provider absent "proof of fraud, intentional concealment, or a foreign body not intended to have a therapeutic or diagnostic purpose or effect" must be...
Hill v. Jawanda Transport Ltd. - 6/28/1999
In Whatcom County, Rosalie Hill died and William Hill was seriously injured in a traffic accident caused by respondent Parminder Gidda, a truck driver employed by respondent Jawanda Transport, Ltd. (Jawanda). Mrs. Hill's estate and...
Hiner v. Bridgestone/Firestone Inc. - 6/17/1999
Oral Argument Date: 05/11/1999
Judges: Authored by Charles Z. Smith Concurring: Richard P. Guy Charles W. Johnson Barbara A. Madsen Gerry L. Alexander Philip A. Talmadge Richard B. Sanders Faith E Ireland
En Banc ...
Cle Elum Bowl Inc. v. North Pacific Insurance Co. - 6/8/1999
Judges: Authored by John A. Schultheis Concurring: Dennis J. Sweeney Stephen M. Brown
Panel Three
Cle Elum Bowl, Inc., leased a building from Robert and Sena Lanphere and opened a bowling alley. Pursuant to its lease...
American Economy Insurance Co. v. Estate of Wilker - 6/7/1999
Joseph G. Wilker allegedly sexually abused three minor girls, S. Doe, C. Roe, and Jane Doe, who lived in his neighborhood. After Wilker's subsequent suicide, representatives of the minor girls sued Wilker's estate and his homeowner's...
Williams v. Turner - 6/3/1999
- We summarize the superior court's orders and our Disposition:
"The court ordered arbitration of a third party liability claim, despite a demand for a jury trial by the insured defendants. We reverse the order of the trial...
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