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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Jones v. University of Washington - 9/3/1991
Edward Jones appeals the trial court's partial summary judgment dismissing some but not all of his claims. We affirm in part and reverse in part.
Facts
On August 5, 1988, Jones filed his complaint against the University...
Vaughn v. Chung - 9/3/1991
Kathleen Vaughn appeals the trial court's order denying her CR 60 motion to vacate the order dismissing her case on a clerk's motion pursuant to CR 41(b)(2). We reverse.
On December 13, 1985, Kathleen Vaughn and Kwan-Bong...
Kramer v. J.I. Case Manufacturing Co. - 8/26/1991
Garey Kramer appeals a judgment of dismissal entered on a defense verdict in his product liability action against J.I. Case Manufacturing Co. (Case). Kramer contends that the trial court erred in treating this case as one filed...
Douglas v. Freeman - 8/15/1991
Facts of Case
At issue in this case is whether there was sufficient evidence to support the jury's finding of corporate negligence on the part of Providence Dental Clinic.
On April 27, 1981, Deborah Douglas, plaintiff...
Lunt v. Mount Spokane Skiing Corp. - 8/13/1991
Mary M. Lunt appeals two summary judgment orders, one dismissing her negligence action against Mount Spokane Skiing Corporation and the other dismissing her products liability action against Look Alpine Products, Inc., Look SA, and...
Department of Labor and Industries v. Estate of David E. MacMillan - 8/8/1991
This case is a consolidated appeal concerning whether the beneficiaries' claims for benefits under the Industrial Insurance Act (the Act) were timely filed. Two trial courts reached different results. After appeals were filed in...
Potter v. Wilbur-Ellis Co. - 8/6/1991
Dan and Debra Potter brought an action against Wilbur-Ellis Company, a retailer of pesticides. They appeal (1) the summary judgment dismissal of their negligence claims, (2) the summary judgment dismissal of their Consumer...
Marshall v. Western Air Lines Inc. - 8/5/1991
Suzette Marshall appeals from a summary judgment in favor of Western Air Lines that dismissed with prejudice her personal injury claims. Marshall contends that a reasonable juror could have inferred negligence on the part of Western...
Wood v. City of Bellingham - 7/29/1991
Geraldine Wood appeals from a judgment on a jury verdict in her personal injury action against the City of Bellingham. Wood contends that the trial court erred in submitting the issue of her contributory negligence to the jury. ...
Safeco Insurance Co. v. McGrath - 7/29/1991
Thomas McGrath and Frederick Hayes were involved in an altercation in a restaurant parking lot in the early morning hours on February 12, 1980. McGrath and Hayes argued in the restaurant bar, confronted each other again outside, and...
Pannell v. Food Services of America - 5/28/1991
Food Services of America, Tradewell Group, Inc., and Thomas Stewart, the defendants in the action below (hereinafter Tradewell), appeal a jury verdict awarding Ronald Pannell, Rodney Adler, Albert Hasson, Ronald Maes, and Robert...
Klein v. Pyrodyne Corp. - 5/23/1991
The plaintiffs in this case are persons injured when an aerial shell at a public fireworks exhibition went astray and exploded near them. The defendant is the pyrotechnic company hired to set up and discharge the fireworks. The...
Olympic Steamship Co. v. Centennial Insurance Co. - 5/23/1991
Olympic Steamship Company appeals a Court of Appeals decision that the "sistership clause" in its insurance policy excluded coverage of the cost Olympic incurred when it paid its customers for the expense they suffered recalling...
Wolf v. Boeing Co. - 5/20/1991
Bruce Wolf, as personal representative and special administrator for the estates and survivors of David Chavez, et al., brought this suit against the Boeing Company on behalf of the survivors of passengers killed in the crash of a...
White v. Kent Medical Center Inc. - 5/6/1991
Gladys White appeals a summary judgment order dismissing her medical malpractice claims against Kent Medical Center and four of its doctors (Defendants). She asserts that the trial court erred in concluding that she provided...
O'Connell v. Transamerica Indemnity Co. - 4/30/1991
James F. O'Connell & Associates, James F. O'Connell, and Sharon O'Connell (Mr. O'Connell) appeal the summary judgment dismissing their complaint and granting Transamerica Indemnity Company's request for a declaration it is not...
Clipse v. the - 4/29/1991
Chester W. Clipse and his attorney, Wayne R. Parker (hereinafter Clipse) appeal a superior court order requiring him to reimburse the respondents' costs and attorney fees under CR 11 based on a finding that Clipse
made...
Skiles v. Farmers Insurance Co. - 4/29/1991
Safeco Insurance Company (Safeco) seeks review of the trial court's order granting summary judgment to Alan and Lori Skiles (Skiles) and David and Mary Ann Yamashita (Yamashita).
Alan Skiles was severely injured in an...
Garcia v. Providence Medical Center - 3/11/1991
Athena Garcia appeals several trial court orders and evidentiary rulings arising out of her medical malpractice suit against Providence Medical Center (Providence), the Seattle Indian Health Board (SIHB), and Jennifer Mayfield, M.D....
Walker v. the - 3/6/1991
In October 1986, Police Officer Larry Walker was killed and Officer David Paul injured when Paul's gun discharged as Paul struggled to subdue Jeffrey Westmark. Debra Walker, personal representative of the
estate of Larry...
Rocky Mountain Casualty Co. v. St. Martin - 12/26/1990
Is baby-sitting a "business pursuit," excluded from liability coverage under a homeowner's policy exclusion? We hold that it is, when conducted on a regular and continuous basis for compensation. Does the baby-sitter nevertheless...
Schmidt v. Cornerstone Investments Inc. - 8/23/1990
In late 1982, Zeta Corporation, through its principal, defendant C.E. Austin, became interested in purchasing a piece of commercial property in Burien, Washington, known as the "Bargain Boys" property. The owner of the property was...
Dougherty v. Nationwide Insurance Co. - 8/20/1990
Allstate Insurance Company appeals the entry of a judgment against it in favor of Charlotte Dougherty. We reverse.
Facts
On January 29, 1984, Dougherty sustained injuries in a car accident while a passenger in an...
Kessler v. Swedish Hospital Medical Center - 8/6/1990
Robert J. Kessler appeals from the trial court's grant of summary judgment to Swedish Hospital Medical Center and from the court's denial of his motion for reconsideration. We affirm.
Robert Kessler was an employee of Pacific...
Holz v. Burlington Northern Railroad Co. - 8/6/1990
Burlington Northern appeals a wrongful death judgment, contending the jury should have known the decedent lacked a motorcycle endorsement, that he failed to complete a traffic safety education course, and that, at the time of his...
Myers v. Boeing Co. - 8/2/1990
After the trial court bifurcated plaintiffs' cause of action, defendant admitted liability and moved for a dismissal of the damages claims on forum non conveniens grounds. The trial court found that, as to damages, Japan was the...
Crittenden v. Fibreboard Corp. - 7/30/1990
Fibreboard Corp. appeals a judgment in favor of Richard Bruce Crittenden. Fibreboard contends that the trial court erred in instructing the jury on Crittenden's strict liability claim. Fibreboard asserts that this instructional...
McVey v. Nationwide Mutual Insurance Co. - 6/21/1990
Robert and Kathy McVey, husband and wife, in their own right and as guardians of their minor daughter, Kristy McVey, appeal the summary dismissal of their action seeking declaratory relief against Nationwide Mutual Insurance Company...
Bliss v. City of Newport - 6/14/1990
Elvira Bliss recovered a $48,000 judgment against the City of Newport for damages incurred from a sewage flood of her home. As a result of the City's posttrial motion, the court credited $17,325.72 against the judgment for cleanup...
Stark v. Celotex Corp. - 6/6/1990
James Stark, the plaintiff, appeals from a jury verdict determining that the defendant asbestos manufacturers, Celotex, et al., were not liable for Stark's asbestosis. Stark argues that the trial court erred in failing to properly...
Washington v. Massey - 6/6/1990
Barry Massey, a juvenile, appeals his aggravated first degree murder conviction. He argues that the juvenile court should have retained jurisdiction; that he was unable to intelligently waive his Fifth and Sixth Amendment rights...
Bush v. O'Connor - 5/31/1990
John L. O'Connor petitioned for discretionary review of a partial summary judgment holding him liable to Ethel and Walter Bush for legal malpractice. We accepted review. The Bushes alleged Mr. O'Connor negligently failed to file an...
Viking Insurance Co. v. Hill - 3/22/1990
In a summary judgment proceeding, Viking Insurance Company of Wisconsin was held liable as a matter of law for bad faith in its failure to defend its insured, Douglas K. Detwiler. Viking appeals; we reverse.
On June 14, 1985,...
Adams v. Allen - 12/19/1989
On July 30, 1986, Ruby and Preston Adams filed this medical malpractice action against Dr.
Albert Allen. They alleged that from 1974 until 1985 Dr. Allen negligently prescribed the painkillers Percodan and Percocet, failed...
Joan v. Tenney - 12/19/1989
Patricia Joan Re, as personal representative of her husband's estate, filed a wrongful death and survival action against Martin Tenney, Cargill, Inc., and Walla Walla County, alleging two causes of action based upon negligence and...
Leven v. Kretzler - 12/18/1989
Christine (Rollman) Vant Leven appeals from a summary judgment in favor of respondent Harry Kretzler, M.D., in a medical malpractice action. Vant Leven contends that the trial court abused its discretion in denying a motion for a...
Marshall v. AC&S;Inc. - 12/11/1989
James S. Marshall appeals from a trial court order granting summary judgment in favor of the respondents, a group of asbestos manufacturers. A Commissioner granted a court's motion on the merits pursuant to RAP 18.14. Marshall has...
Nguyen v. Glendale Construction Co. - 12/11/1989
The defendant, Homeowners Warranty Insurance Company (HOWIC) appeals a judgment in favor of Viet Cuong Nguyen and Phuong Hanh Thi Nguyen (Nguyen) for violation of the Consumer Protection Act. HOWIC also appeals the award of $32,715...
McKee v. American Home Products Corp. - 11/30/1989
The plaintiff, Elaine McKee, appeals a summary judgment dismissing her cause of action against defendant pharmacists Gerald Sidran and Leonard Mezistrano. The trial court ruled that the pharmacists, who had filled McKee's drug...
McLaughlin v. Cooke - 6/22/1989
Monte S. McLaughlin sought review of an unpublished decision of the Court of Appeals, Division Two, reversing a $160,000 judgment he obtained against Thomas R. Cooke, D.O., for medical malpractice incident to a vasectomy. The Court...
Federal Insurance Co. v. Pacific Sheet Metal Inc. - 6/19/1989
Pacific Sheet Metal, Inc., R.C. Winter & Associates, Inc., and Pay'N Pak Stores, Inc., appeal from a summary judgment entered for Federal Insurance Company.
On May 1, 1984, Federal Insurance Company (Federal) issued a...
Stevens v. Hyde Athletic Industries Inc. - 6/6/1989
Helen Stevens appeals the trial court's summary judgment dismissal of her claim against P&E;Athletic Sports Store, Inc., for violation of the Consumer Protection Act (CPA), negligence, and breach of express warranty. She...
Merrigan v. Epstein - 6/1/1989
Appellant Nathaniel Merrigan, a minor, through his mother and guardian ad litem, Ms. Bonnie Merrigan, seeks reversal of a summary judgment dismissal in the King County Superior Court of appellant's medical malpractice lawsuit...
Gobin v. Allstate Insurance Co. - 5/30/1989
Christine Henry appeals a summary judgment declaring that she has no underinsured motorist claim for personal injuries she sustained in an automobile accident. The principal issue is whether a passenger in Henry's car may...
Puget Sound Bank v. Richardson - 5/30/1989
Wayne R. Richardson appeals from a judgment entered in Puget Sound Bank's (the Bank) action to recover funds Richardson removed from his minor daughter's guardianship accounts. We affirm.
Richardson was appointed guardian...
Holz v. North Pacific Insurance Co. - 12/27/1988
North Pacific Insurance Co. (North Pacific) appeals from the trial court's decision that an exclusionary clause in a policy issued by North Pacific to plaintiff Holz was, as applied to Holz, in violation of public policy and RCW ...
Karr v. the - 12/19/1988
Barbara Karr and her fellow plaintiffs appeal the summary judgment entered against them in their wrongful death suit against Washington State. The plaintiffs are the personal representatives of 14 of the 60 persons killed in the May...
Armstrong v. Safeco Insurance Co. - 12/15/1988
When an insurance company issues a notice of nonrenewal pursuant to RCW 48.18.292 , does the insurer's duty of good faith mandate that the statutorily required reason for nonrenewal be based upon some increased actuarial risk to...
Nicholson v. Deal - 12/8/1988
Mary Rose Nicholson appeals a summary judgment dismissing her medical malpractice action against Dr. E. Fred Deal and Dr. Edward Farrar. The primary issue is whether the defendant doctors' affidavits satisfy their burden to show the...
Jones v. Firemen's Relief and Pension Board of City of Richland - 6/16/1987
The Firemen's Relief and Pension Board of the City of Richland appeals from the trial court's determination it is not entitled to subrogation, as provided by RCW 41.26.150 , against any sums Harold R. Jones is to receive as a...
Keenan v. Industrial Indemnity Insurance Co. - 6/11/1987
An automobile insurer who had issued an insurance policy providing both personal injury protection (PIP) and underinsured motorist coverages seeks reimbursement of PIP benefits previously paid to the insured, pursuant to a...
Seattle Fire Fighters Union v. Hollister - 6/8/1987
Dr. Robert L. Hollister, Jr., Director of the Department of Retirement Systems; Mindy S. Trossman; and the Better Government Association appeal from an order enjoining the retirement system from releasing disability records of five...
Bankhead v. Aztec Construction Co. - 6/4/1987
This case involves application of the distribution requirements of RCW 51.24.060 of the Industrial Insurance Act to damages recovered by a personal representative on behalf of a deceased worker's estate. The trial court held that...
In re Disciplinary Proceeding Against Jeffrey M. Witteman - 6/4/1987
Facts of Case
In this lawyer discipline proceeding, the respondent Jeffrey M. Witteman was charged with seven acts of misconduct (counts 1 through 7). The hearing officer found that respondent had in fact committed these...
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