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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Queen City Farms Inc. v. Aetna Casualty & Surety Co. - 9/9/1994
BRACHTENBACH, J.--This case involves coverage issues under comprehensive general liability policies for losses resulting from contamination of groundwater when toxic materials leaked from waste pits where hazardous materials had been...
Key Tronic Corp. v. Aetna Fire Underwriters Insurance Co. - 9/9/1994
BRACHTENBACH, J. --The trial court granted summary judgment in favor of six insurers, holding that as a matter of law pollution exclusions in their insurance policies preclude coverage for damage due to groundwater contamination...
Mid-Century Insurance Co. v. Henault - 9/8/1994
ALEXANDER, J. -- Christine Henault appeals an order of the Pierce County Superior Court granting summary judgment to Mid-Century Insurance Company (Mid-Century), declaring that Henault had no coverage under a policy issued to her by...
Tincani v. Inland Empire Zoological Society - 6/16/1994
GUY, J.--Petitioner inland Empire Zoological Society, doing business as Walk in the Wild Zoo (hereafter Zoo), seeks review of a Court of Appeals decision affirming a judgment against it in a personal injury action brought on behalf...
Washington v. Cole - 6/15/1994
HOUGHTON, J. -- Fred Morten Cole, Jr. appeals from his conviction of possession of marijuana with intent to manufacture or distribute. We reverse.
FACTS
In September 1989, Fred Morten Cole, Jr. (Cole) was arrested and...
Reese v. Stroh - 6/13/1994
AGID, J. -- William Foster Reese and Frances Reese (the Reeses) brought this medical malpractice action against Dr. James E. Stroh, Jr., alleging that he negligently failed to treat Mr. Reese's emphysema condition with a protein...
Gen Lo v. Honda Motor Co. - 3/28/1994
Petitioners Northwest Hospital and Drs. Ou and Neighbor sought and were granted discretionary review of the trial court's denial of their motions for summary
judgment. The hospital, speaking for all the Petitioners,...
Barney v. Safeco Insurance Co. - 3/22/1994
Ray Barney appeals from a superior court order that allowed Safeco Insurance Company to deduct $5,000 from an uninsured motorist (UIM) arbitration award. We reverse and remand.
On October 4, 1989, Barney was injured in an auto...
Ausler v. Ramsey - 3/7/1994
Valaria Ausler appeals the trial court's order denying reconsideration of an earlier order granting Len Blumenthal an attorney fee based on quantum meruit. Ausler hired Blumenthal to pursue a personal injury suit
against...
Flanigan v. Department of Labor and Industries - 3/3/1994
In these two consolidated cases we review conflicting decisions from different divisions of the Court of Appeals. In each case, the spouse of a worker killed on the job obtained workers' compensation benefits and also recovered...
Cavazos v. Franklin - 2/22/1994
Dianne Franklin seeks review of the denial of her motion for summary judgment, contending there is no cause of action under the survival statute, RCW 4.20.046 , for a viable unborn child who was negligently killed in an automobile...
Nevue v. Close - 2/17/1994
Plaintiff was a passenger in a car rearended by defendant's truck. Defendant was insured by Safeco Insurance Company whose adjuster obtained, a few weeks later, a general release from plaintiff for payment of $150, plus medicals. ...
Christensen v. Munsen - 2/10/1994
The main issue presented is whether the trial court erred in allowing one of plaintiff's treating physicians to testify as a defense witness in this medical malpractice action. We hold that no error occurred and affirm the judgment...
Carson v. Fine - 2/10/1994
At issue is the admissibility of adverse opinion evidence offered by a treating physician against the plaintiff, his former patient in a malpractice action filed against another physician. In this case, the Court of Appeals reversed...
Wallace Real Estate Investment Inc. v. Groves - 1/31/1994
Wallace Real Estate Investment, Inc. (Wallace) appeals the dismissal of its claim for the refund of $260,000 in earnest money and extension payments retained as liquidated damages under a real estate purchase and sale agreement. We...
Stanton v. Bayliner Marine Corp. - 12/30/1993
In consolidated actions against Bayliner Marine Corporation and Olympic Sales, Inc. (hereafter collectively Bayliner), plaintiffs seek recovery of the cost of replacing or repairing damaged yachts. Bayliner seeks review of a Court...
Proios v. Bokeir - 12/27/1993
Eleftheria X. Proios appeals the trial court's order awarding her $72,733 for personal injuries. She argues that (1) the trial court did not have jurisdiction to grant offsets because the Washington Insurance Guaranty
...
Perkins v. Children's Orthopedic Hospital - 12/27/1993
This appeal presents two issues. First, is the rule set forth in Glover, that the release of a solvent agent releases a principal from claims based on vicarious liability for the negligence of the released agent, still a viable...
Washington v. Anderson - 12/27/1993
In separate, unrelated cases, Devron Anderson and David C. Sampson requested reimbursement for "loss of time" and legal fees pursuant to RCW 9A.16.110 . The trial court denied each request. Each man appealed, and the appeals were...
Adcox v. Children's Orthopedic Hospital and Medical Center - 12/23/1993
A 12-week-old boy suffered severe and permanent brain damage after undergoing cardiac arrest at Children's Orthopedic Hospital and Medical Center (hereinafter Hospital). A jury found the Hospital negligent in failing to prevent the...
Buttelo v. S.A. Woods-Yates American Machine Co. - 12/14/1993
Rick Buttelo's left arm was amputated below the elbow when he was sharpening the rotating planer knives of an industrial woodworking machine that his employer, Western Dry Kilns, Inc. (Western), leased from Paxport Mills, Inc....
Krivanek v. Fibreboard Corp. - 12/13/1993
Carol Krivanek appeals a judgment for damages. She claims that based on the evidence presented at trial, the jury's damage award was inadequate, and the trial court abused its discretion in denying her motion for a new trial....
Boyce v. West - 11/16/1993
This is a wrongful death action arising out of a scuba diving accident. The court dismissed the defendants on summary judgment after finding the decedent Peter Boyce had released them from liability and assumed all risks associated...
Tollycraft Yachts Corp. v. McCoy - 9/16/1993
This is a case of first impression regarding a 1988 amendment to the Industrial Insurance Act (Act). The amendment, Laws of 1988, ch. 161, ยง 11 (codified at RCW 51.32.160) , imposed an aggregate 150-day limit upon the time which...
Washington State Physicians Insurance Exchange & Association v. Fisons Corp. - 9/16/1993
Facts of Case
We are asked in this case to decide whether a physician has a cause of action against a drug company for personal and professional injuries which he suffered when his patient had an adverse reaction to a drug he...
Gerrard v. Craig - 9/9/1993
Petitioner Edward M. Lawson seeks review of a decision of the Court of Appeals, Division One, reversing summary judgment dismissal with prejudice by the King County Superior Court of cross claims of Respondents Jack Craig and...
Mutual of Enumclaw Insurance Co. v. Grimstad-Hardy - 9/7/1993
The appellants, Barbara Grimstad-Hardy and her father, Ronald E. Grimstad, appeal from a summary judgment proceeding in favor of the respondent, Mutual of Enumclaw Insurance Company. Grimstad-Hardy was injured when an uninsured...
In re Estate of Arthur Keck. Janice Cabe - 8/23/1993
In this wrongful death action, Janice Cabe, the representative of the estate of Arthur Keck, appeals the trial court's order granting summary judgment to John Blair. The trial court ruled that, as a matter of law, Cabe could not...
Caouette v. Martinez - 8/19/1993
Shari M. Caouette appeals an order of the Kitsap County Superior Court vacating an order of default and judgment. She contends the trial court erred in concluding that: (1) it lacked jurisdiction to enter the order of default and...
Suarez v. Newquist - 8/5/1993
Anita Suarez appeals the summary judgment dismissal of her wrongful death claim against Yakima Indian Nation police officer Robert Newquist. Mr. Newquist cross-appeals the court's refusal to award him attorney fees for defending a...
Weyerhaeuser Co. v. Farr - 8/2/1993
Adelbert Farr appeals from a summary judgment dismissing his workers' compensation claim. He contends the trial court erred in ruling that a voluntarily retired worker is precluded from obtaining permanent total disability benefits...
J-U-B Engineers Inc. v. Routsen - 3/23/1993
In this defamation action, J-U-B Engineers, Inc., appeals the denial of its motion for entry of default judgment. J-U-B contends the trial court abused its discretion in refusing to enter judgment pursuant to CR 55(b), and that it...
Martin v. Triol - 3/18/1993
Petitioners Edward Triol and Gladys Triol seek review of a decision of the Court of Appeals, Division One, which reversed a King County Superior Court order dismissing a personal injury action by Respondents Glen Martin and Dorothy...
In re Marriage of Leland - 3/15/1993
Robert Leland appeals the trial court's characterization of such disability payments as he may receive after he reaches the age of 65 as pension benefits to be divided equally with his former spouse Linda Leland. We affirm. ...
Vonno v. Hertz Corp. - 12/24/1992
Defendant Hertz Corporation challenges a summary judgment holding it liable to plaintiff Nicolaas Van Vonno for greater than the statutory minimum amount of uninsured motorist (UM) coverage and for personal injury protection (PIP)...
Wilson v. Kiewit Pacific Inc. - 12/21/1992
The Department of Labor and Industries appeals a judgment eliminating its right to reimbursement of funds paid to Angie Wilson on behalf of her deceased spouse Richard Wilson.
Facts
In October of 1986, the Department...
McCluskey v. Handorff-Sherman - 12/21/1992
Wallace McCluskey was killed in a 2-car collision on State Road 900. His widow, Nadine McCluskey, on her own behalf and as guardian of her minor children, brought a survival action and wrongful death action against the State of...
Jones v. Stebbins - 12/14/1992
Appellant Walter Jones appeals the dismissal of his personal injury action against Arlen Stebbins. We reverse.
Jones allegedly suffered personal injuries on April 18, 1986. The facts surrounding the accident are not...
Washburn v. Beatt Equipment Co. - 11/25/1992
This appeal by defendant is from a judgment rendered upon special jury verdicts. The plaintiffs are Norman Washburn and his wife Sharon. Mr. Washburn was extensively burned and permanently injured when a standby propane fuel system...
Nationwide Mutual Fire Insurance Co. v. Watson - 11/19/1992
Petitioner Nationwide Mutual Fire Insurance Company seeks review of a decision of the Court of Appeals, Division Three, which reversed the trial court's summary judgment in favor of petitioner and granted summary judgment in favor...
George Sollitt Corp. v. Howard Chapman Plumbing & Heating Inc. - 9/22/1992
The George Sollitt Corporation (Sollitt) appeals from a declaratory judgment in favor of Howard Chapman Plumbing & Heating, Inc. (Chapman), contending that its work subcontract required Chapman to indemnify and defend it in a...
Lewis v. Bours - 9/10/1992
At issue is whether Washington has jurisdiction over the defendant, an Oregon resident, by virtue of the long-arm statute, RCW 4.28.185 . We hold defendant's alleged negligence did not constitute a tort committed in Washington and...
Rones v. Safeco Insurance Co. - 9/10/1992
Sylvia Rones, the named insured under an insurance policy with Safeco Insurance Company, seeks recovery from Safeco for an automobile accident where she was a passenger in her own car. The Court of Appeals, holding that the 3-year...
Gerrard v. Craig - 9/8/1992
Appellants Jack Craig and Immaculate Lupis appeal the trial court's summary dismissal "with prejudice" of their claim for contribution against respondent Edward Lawson and the court's subsequent denial of their motion to set aside...
Bryant v. Palmer Coking Coal Co. - 8/24/1992
In this case we decide that a settlement agreement allegedly entered into by the parties is unenforceable because it does not satisfy the requirements of CR 2A or RCW 2.44.010 .
I
The Bryants brought a quiet title...
Stanton v. Bayliner Marine Corp. - 8/17/1992
This is an appeal from an order granting partial summary judgment in favor of defendants, Bayliner Marine Corporation (Bayliner) and Olympic Sales, Inc., d/b/a Olympic Boat Centers (Olympic Boat). The claims of plaintiffs in these...
Johnson v. Safeway Stores Inc. - 8/17/1992
Sean Johnson alleges he suffered a back injury at work. He did not file a workers' compensation claim within the required time period, but later filed this suit against his former employer, Safeway Stores, Inc. (Safeway), and the...
Walker v. the - 8/6/1992
Robert Walker was killed when his semi truck left State Route 101 and plunged over an embankment. His widow, Delores Walker, brought a wrongful death action against those jurisdictions responsible for the design, construction, or...
Mutual of Enumclaw Insurance Co. v. Jerome - 8/3/1992
The insurer, Mutual of Enumclaw Insurance Company (Mutual of Enumclaw) appeals from the grant of summary judgment in favor of the insureds, Matthew Ederer and Joseph Jerome, Jr. (hereinafter referred to collectively as "the...
Lockhart v. Greive - 8/3/1992
Steven A. Lockhart appeals from an order dismissing his breach of contract and professional negligence claims against his former attorneys, John W. Murphy and David A. Welts. Respondents/cross appellants Murphy and Welts appeal the...
In re Estates of Robert G. Hibbard - 3/26/1992
The State of Washington (State) petitioned for review of a decision of the Court of Appeals, Division Two, which reversed a dismissal on summary judgment in the State's favor by the Pierce County Superior Court. We granted review....
Allen v. the - 3/26/1992
Beverly Allen sued the State for paroling two men who later murdered her husband. The trial judge ruled on summary judgment that Allen's suit was barred by the 3-year statute of limitations and dismissed the action. Allen had argued...
Elizabeth Las v. Yellow Front Stores Inc. - 3/9/1992
Las appeals the summary judgment dismissal of her personal injury claim arguing there is a material issue regarding the negligence of Yellow Front Stores. We affirm.
On July 30, 1989, Elizabeth Las (Las) and her daughter...
Washington v. Stumpf - 3/3/1992
William N. Stumpf appeals his conviction and exceptional sentence for the attempted first degree murder of his wife. We affirm his conviction, but remand for resentencing within the standard range.
The defendant and his wife,...
Matthews v. Elk Pioneer Days - 2/27/1992
Marcellia and Robert Matthews appeal the summary judgment dismissing their complaint for damages incurred by Mrs. Matthews when a canopy support fell on her at the Elk Pioneer Days Festival in 1988. The trial court held Elk Pioneer...
Seattle-First National Bank - 2/25/1992
Seattle First National Bank (Seafirst) instituted foreclosure proceedings to recover on secured loans it made to James R. and Patricia D. Siebol. After a bench trial, the court entered judgment for Seafirst in the amount of...
Hansen v. Friend - 2/20/1992
Fifteen-year-old Keith Hansen drowned in an alcohol-related incident. The petitioner, Hansen's mother, seeks review of the Court of Appeals opinion affirming the trial court's summary judgment dismissal of her wrongful death suit....
Washington v. Bergeson - 2/20/1992
Aleric Bergeson appeals his conviction for second degree murder. We affirm.
The sole issue on appeal is whether Bergeson was entitled to have the jury instructed on the lesser included offense of first degree...
Safeco Insurance Co. v. Butler - 2/6/1992
An insurance coverage dispute arose between Hap and "Jane Doe" Butler and their insurer, Safeco Insurance Company of America (hereinafter Safeco). Safeco filed a declaratory judgment action to determine whether Hap Butler's actions...
Washington v. Janes - 2/3/1992
Andrew G. Janes appeals his conviction for the second degree murder of his stepfather, Walter Jaloveckas, and for two counts of second degree assault. He assigns error to the trial court's failure to allow an instruction on...
City of Everett v. American Empire Surplus Lines Insurance Co. - 12/23/1991
The City of Everett sought a declaratory judgment that the claims asserted in a wrongful death suit filed against the City were covered under a policy issued by
American Empire Surplus Lines Insurance Company. The trial...
Fox v. Sunmaster Products Inc. - 12/20/1991
Terry E. and Billie May Fox (the Foxes) appeal two orders on summary judgment dismissing their suit against Sunmaster Products, Inc. (Sunmaster), and Ladder Industries, Inc. (Ladder). Terry Fox suffered serious
injuries as...
Judd v. Department of Labor and Industries - 12/3/1991
Ernest P. Judd sought superior court review of a decision of the Board of Industrial Insurance Appeals affirming an order of the Department of Labor and Industries (DLI) denying his claim for industrial insurance benefits. The jury...
Young v. Key Pharmaceuticals Inc. - 11/25/1991
Petitioner E. Rosa Young, as guardian ad litem for her son Devan, seeks discretionary review of pretrial orders of the Superior Court denying a motion to use the testimony of Allyn Golub and Elliot Ellis from an earlier trial and a...
Douchette v. Bethel School District No. 403 - 11/14/1991
Alberta Douchette sued the Bethel School District, claiming she was wrongfully discharged, discriminated against by virtue of her age, and that her civil rights were violated. The trial court denied a motion for summary judgment...
Doe v. Puget Sound Blood Center - 11/14/1991
This case involves a discovery order which directed defendant Puget Sound Blood Center (hereafter Blood Center) to disclose the name of the person (Donor X) who donated blood to the Blood Center; that blood was later transfused to...
Emter v. Columbia Health Services - 11/13/1991
James C. Emter, Jr., appeals an order of the Clark County Superior Court granting a summary judgment to Columbia Health Services. On appeal, Emter contends that the trial court erred in concluding that Columbia was not obligated by...
Haley v. Medical Disciplinary Board - 11/7/1991
The Washington State Medical Disciplinary Board imposed sanctions against Dr. Theodore Haley after ruling that his sexual relationship with a former teenage patient constituted unprofessional conduct. Dr. Haley appeals the Board's...
Ayers v. Johnson & Johnson Baby Products Co. - 11/7/1991
A 15-month-old child suffered irreparable brain damage after inhaling baby oil. The child's parents and guardian ad litem sued the manufacturer of the oil, Johnson & Johnson Baby Products Co., alleging that the injury was...
Johnson v. Carbon - 9/24/1991
Leonard Johnson appeals the denial of his motion for a new trial of a personal injury action following a jury verdict awarding him $13,200, less 25 percent comparative fault for a net judgment of $9,900. He asserts the trial court...
Pemco Insurance Co. v. Schlea - 9/24/1991
In February 1988, Michael Ray Evans abducted Gloria Schlea from her place of employment using an automobile taken from a co-worker. In the course of the abduction, Evans raped Schlea. Schlea's mother had insured her own car with...
Desmond v. Liberty Northwest Insurance Corp. - 9/23/1991
Liberty Northwest Insurance Corporation appeals an order requiring it to pay a pro rata share of its
insured Kathryn Desmond's attorney fees incurred in a lawsuit Desmond brought against a third party tortfeasor. Liberty...
Washington Insurance Guaranty Association v. Mullins - 9/16/1991
Washington Insurance Guaranty Association (WIGA) and Frank Coluccio Construction Company (Coluccio) appeal from an order denying their motions for summary judgment and granting David and Kathleen Mullins' motion for summary judgment...
Walsh v. Brousseau - 9/9/1991
Robert and Jan Brousseau appeal the order granting Roger Walsh's motion for summary judgment, arguing that the trial court erroneously (1) granted the motion for summary judgment when there was a genuine issue of material fact, (2)...
Sidis v. Brodie/Dohrmann Inc. - 9/5/1991
Review of these consolidated cases was granted on one issue only: whether, under RCW 4.16.170 , service of process on one defendant tolls the statute of limitation as to unserved defendants. We hold it does.
The facts are...
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