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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Noy v. State Farm Mutual Automobile Insurance Co. - 6/1/1999
Judges: Authored by C. Kenneth Grosse Concurring: Ann L. Ellington Faye C. Kennedy
-- Insurers have a general duty of good faith in dealing with their insureds. Here, in a class action lawsuit, the representatives of the class...
Silver v. State Farm Mutual Automobile Insurance Co. - 5/28/1999
Source of Appeal: Appeal from Superior Court of Pierce County
Date filed: 06/19/1998
Judge signing: Hon. Brian M. Tollefson
Judges:
Authored by Carroll C. Bridgewater
Concurring: David H. Armstrong J....
Shupe v. Ketting - 5/25/1999
Panel Eight
Pamela Shupe gave birth to two children after Dr. Effie Jean Ketting performed a tubal ligation to sterilize her. The sterilization procedure involved applying Hulka clips to Ms. Shupe's fallopian tubes immediately...
Landry v. Luscher - 5/25/1999
Filing two separate lawsuits based on the same event -claim splitting - is precluded in Washington. Sprague v. Adams, 139 Wash. 510, 515, 247 P. 960, 47 A.L.R. 529 (1926). But this defense may be waived. Hardware Dealers Mut. Fire...
Johnston v. City of Seattle - 5/24/1999
Douglas L. Johnston filed a claim for damages with the City of Seattle and filed a personal injury action against the City one day before the statute of limitations was set to expire. The City moved for summary Judgement dismissal of...
Craig v. Ludy - 5/18/1999
Linda R. and Rickie Craig appeal the summary dismissal of their complaint against James J. Ludy on grounds Mr. Ludy was dead and they failed to join his estate as a party within the applicable limitation period. We reverse and remand...
Allstate Insurance Company v. Bauer - 5/14/1999
Douglas Bauer appeals a trial court's declaratory Judgement in favor of Allstate Insurance Company. The trial court found that Bauer's homeowners insurance policy did not obligate Allstate to defend Bauer in a wrongful death action...
Bauer v. White - 5/13/1999
This medical malpractice case pits the apparent categorical requirement of RCW 4.24.290 and RCW 7.70.040 for expert testimony to support a medical negligence claim against the long standing Washington rule that unintentionally...
State v. Mendoza - 5/13/1999
Jose J. Mendoza was convicted of five counts of attempted first degree murder and sentenced to 100 years in prison. In this appeal, Mr. Mendoza raises several issues, including (1) whether the court erred when it admitted evidence...
State v. Riley - 5/13/1999
Oral Argument Date: 06/16/1998
EN BANC
Petitioner Johnny Lee Riley was convicted of first degree assault while armed with a deadly weapon. He maintains that the giving of an aggressor instruction violated his First...
Cultee v. City of Tacoma - 5/7/1999
Christine Cultee appeals summary judgment dismissal of her wrongful death action against the City of Tacoma for the death of her five-year-old daughter Reabecka, who drowned while riding her bike at Nalley Ranch. Holding that there...
In re Marriage of Brewer - 5/6/1999
Oral Argument Date: 01/14/1999
En Banc
Petitioner Michael A. Brewer seeks review of a decision of the Court of Appeals, Division II, which reversed and remanded to the Clark County Superior Court a ruling characterizing...
Morgan v. Johnson - 5/6/1999
Oral Argument Date: 01/26/1999
Judges: Authored by Philip A. Talmadge Concurring: Richard P. Guy Barbara Durham Charles Z. Smith Charles W. Johnson Barbara A. Madsen Gerry L. Alexander Richard B. Sanders Faith E Ireland
EN...
State v. Grimm - 3/23/1999
Judges: Authored by Dennis J. Sweeney Concurring: John A. Schultheis Frank L. Kurtz
Panel Six
Brian Grimm and David Miller had a personal relationship and lived together. On May 20, 1996, both were highly intoxicated. Mr....
Washington State Department of Labor and Industries v. Kantor - 3/19/1999
This case requires us to construe RCW 51.48.260 , which allows the Department of Labor & Industries (L&I; to recover "any excess payments" it has made to a health care provider. We hold that the term "excess payments"...
Cogo v. State Farm Mutual Automobile Insurance Co. - 3/16/1999
Judges: Authored by Frank L. Kurtz Concurring: John A. Schultheis Stephen M. Brown
Panel Five
William Cogo was injured in February 1993. State Farm Mutual Automobile Insurance Company paid policy limits in January 1996. Mr....
Kandris v. Southfork Land Development Co. - 3/12/1999
Judges: Authored by Karen G. Seinfeld Concurring: J. Dean Morgan David H. Armstrong
Peter and Donna Kandris appeal the trial court's ruling on their breach of contract and timber trespass action against Southfork Land Development...
Oldham v. Allstate Insurance Co. - 3/2/1999
Barbara J. Oldham's personal injury action arises from an automobile accident. During her jury trial, she tried to introduce an expert opinion from her treating physician about the value of her medical treatment by other health care...
Blue Cross of Washington and Alaska v. Devoe - 3/1/1999
Gary DeVoe was seriously injured in a car accident caused by an uninsured motorist. At the time of the accident, DeVoe was covered under a health care service contract, as well as an automobile insurance policy that included...
Riggs v. Bleyhl Farms Service - 12/31/1998
Judges: Authored by Kenneth H Kato Concurring: John A. Schultheis Dennis J. Sweeney
Panel Four
Rodney Craig Riggs appeals the summary dismissal of his claims against the maker and seller of a pesticide that allegedly...
Pitzer v. Union Bank of California - 12/31/1998
Marie Pitzer, Carolann Guilford, and James Allotta (the claimants) seek to reopen the estate of Frank Magrini, who died in 1965. They also seek to impose a trust on assets in the estate of Rose Magrini, Frank's widow, who died in...
State v. Deel - 12/28/1998
Judges: Authored by Susan R. Agid Concurring: Ronald E. Cox Mary K. Becker
Richard Deel appeals from the Judgement and sentence entered following his conviction for second degree assault with a deadly weapon and second degree...
Haggerty v. Wintrip - 12/23/1998
Judges: Authored by J. Robin Hunt Concurring: Carroll C. Bridgewater David H. Armstrong
Deborah Haggerty ("Haggerty") sued for injuries suffered in a traffic collision with Jim Wintrip ("Wintrip"), with whom she collided when his...
Fixemer v. Department of Labor and Industries - 12/11/1998
Source of Appeal: Appeal from Superior Court of Pierce County Docket No: 95-2-08227-Judgement or order under review Date filed: 06/20/97 Judge signing: Hon. Vicki L. Hogan
Judges: Authored by Karen G. Seinfeld Concurring: Elaine...
Herzog v. Minerich - 12/7/1998
Katherine Herzog appeals the dismissal of her personal injury suit against Richard Minerich and the King County Department of Metropolitan Services for failure to comply with the KCC 4.12.070 and RCW 4.96.020 claim filing provisions...
Deturk v. State Farm Mutual Automobile Insurance Co. - 12/4/1998
Attorney Philip DeTurk sued State Farm to recover a portion of attorney's fees incurred by six of his clients who settled personal injury claims. State Farm provided Personal Injury Protection (PIP) coverage to each client and had...
Flinkman v. State Farm Insurance Company - 11/30/1998
Source of Appeal: Appeal from Superior Court of King County Docket No: 97-2-10026-7 Judgement or order under review Date filed: 05/30/97 Judge signing: Hon. Peter Jarvis
Melvin and Marilou Flinkman sought confirmation of the...
Deyoung v. Providence Medical Center - 8/27/1998
Oral Argument Date: 02/10/98
Source of Appeal: Appeal from Superior Court of King County Docket No: 96-2-21955-0 Judgement or order under review Date filed: 03/28/97 judge signing: Hon. Carol Schapira
Judges
Authored...
Cook v. Wiggins - 8/20/1998
UNPUBLISHED
The opinion of the court was delivered by: Seinfeld, J.
Source of Appeal: Appeal from Superior Court of Kitsap County Docket No: 94-2-00263-7 Judgement or order under review Date filed: 07/26/96 judge signing:...
McKenna v. Harrison Memorial Hospital - 8/20/1998
Source of Appeal: Appeal from Superior Court of Kitsap County Docket No: 95-2-02791-3 Judgement or order under review Date filed: 04/19/96 judge signing: Hon. Karen B. Conoley
Judges
PUBLISHED
Patricia McKenna had a...
Marzolf v. Stone - 8/20/1998
Oral Argument Date: 03/10/98
SOURCE OF APPEAL: Appeal from Superior Court of Snohomish County
Docket No: 93-2-05005-2
Judgment or order under review
Date filed: 03/24/97
Judge signing:Hon. Anita L. Farris ...
Green v. A.P.C. - 8/20/1998
Opinion Information Sheet
Oral Argument Date: 05/20/98
SOURCE OF APPEAL: Appeal from Superior Court, King County; 94-2-24643-7 Honorable Laura Inveen, Judge.
COUNSEL OF RECORD:
KATHLEEN M. GREEN and JOSHUA GREEN...
Falconer v. City of Seattle - 8/10/1998
Source of Appeal: Appeal from Superior Court of King County Docket No: 96-2-03363-4 Judgement or order under review Date filed: 03/26/97 judge signing: Hon. Glenna S. Hall
Judges Authored by Mary K. Becker concurring H. Joseph...
Underwood v. Shea - 8/3/1998
Source of Appeal: Appeal from Superior Court of Snohomish County Docket No: 95-2-00463-4 Judgement or order under review Date filed: 03/13/97 judge signing: Hon. Sharon Armstrong
Judges
UNPUBLISHED
-- Terry Underwood,...
Duncan v. Fuji Industries Inc. - 7/31/1998
Source of Appeal: Appeal from Superior Court of Pierce County Docket No: 97-2-07568-3 Judgement or order under review Date filed: 09/26/97 judge signing: Hon. Thomas J. Larkin
[Editor's note: originally released as an unpublished...
State v. Hutchinson - 7/30/1998
Oral Argument Date: 03/24/98
Source of Appeal: Appeal from Superior Court, Island County; 87-1-00080-1 Honorable Howard A. Patrick, Judge.
En Banc
We granted review of the Court of Appeals decision reversing...
Winchester v. Stein - 7/30/1998
Oral Argument Date: 03/24/98
Source of Appeal: Appeal from Superior Court, Clark County; 88-2-03442-1 Honorable H J. Hall, Judge.
EN BANC
July 30, 1998
In this case, we are asked whether an action brought under...
Hiner v. Bridgestone/Firestone Inc. - 7/30/1998
Source of Appeal: Appeal from Superior Court of Walla Walla County Docket No: 95-2-00336-3 Judgement or order under review Date filed: 11/13/96 judge signing: Hon. Donald Schacht
Panel Four
PUBLISHED
Julia Hiner sued...
Etten v. Columbia Lighting Inc. - 6/11/1998
Source of Appeal: Appeal from Superior Court of Spokane County Docket No: 94-2-02324-6 Judgment or order under review Date filed: 03/27/97 judge signing: Hon. Tari S. Eitzen
Panel Eight
The primary issue we decide today is...
Mahler v. Szucs - 6/4/1998
Oral Argument Date: 10/28/97
Dissenting: Gerry L. Alexander
En Banc
(Consolidated)
-- In this case we analyze an insurer's right to recover payments made to an insured pursuant to a Personal Injury Protection...
Nielson v. Spanaway General Medical Clinic Inc. - 5/28/1998
Oral Argument Date: 01/14/98
Dissenting: Richard B. Sanders Gerry L. Alexander Charles W. Johnson
EN BANC
In this case we consider whether a plaintiff who is awarded a judgment for damages in a medical malpractice...
Bullard v. Bailey - 5/26/1998
UNPUBLISHED
James Bailey appeals a judgment entered against him that apportions twenty percent fault for James Bullard's damages in a fraudulently settled lawsuit. Bailey associated himself with Richard McClellan, who represented...
Braun v. State - 5/11/1998
Per Curiam. The trial court dismissed Angelika Braun's medical malpractice action against the State of Washington and Stephen Benirschke, M.D., because Braun failed to file a notice of claim with the office of risk management,...
In re Marriage of Gillespie - 12/31/1997
Washington Court of Appeals
No. 19978-5-II
948 P.2d 1338, 89 Wash.App. 390, 1997.WA.42327
December 31, 1997
IN RE THE MARRIAGE OF: DAVID W. GILLESPIE, RESPONDENT, AND MARGARET L. LEWIS-GILLESPIE,...
Young v. Estate of Snell - 12/24/1997
Washington Supreme Court
No. 64165-0
948 P.2d 1291, 134 Wash.2d 267, 1997.WA.42307
December 24, 1997
WILLIAM YOUNG AND KAROLYN R. YOUNG, HUSBAND AND WIFE, RESPONDENTS, v. THE ESTATE OF REX LEE...
Hollmann v. Corcoran - 12/23/1997
Washington Court of Appeals
No. 16192-7-III
949 P.2d 386, 89 Wash.App. 323, 1997.WA.42305
December 23, 1997
JAMES HOLLMANN, APPELLANT v. JAMES CORCORAN AND "JANE DOE" CORCORAN, HUSBAND AND WIFE, AND...
Colvin v. Miyauchi - 12/18/1997
Washington Court of Appeals
No. 39327-8-I
1997.WA.42268
December 18, 1997
LARRY E. COLVIN AND MARCIA L. COLVIN, RESPONDENT, v. DALE Y. MIYAUCHI, M.D. AND JANE DOE MIYAUCHI AND THE...
State v. Fuller - 12/16/1997
Washington Court of Appeals
No. 16054-8-III
947 P.2d 1281, 89 Wash.App. 136, 1997.WA.42241
December 16, 1997
STATE OF WASHINGTON, RESPONDENT, v. CHARLES E. FULLER, APPELLANT.
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