Mr. Kiendl is an associate at Lee Smart. His practice emphasizes civil litigation, including defense of professional liability claims, defense of personal injury and employment claims, and defense of commercial maritime matters. Mr. Kiendl grew up in Winnipeg, Manitoba, Canada. After attending the University of North Dakota, he obtained a B.A. in Political Science from the University of Washington in 1989. In 1993, Mr. Kiendl received a J.D. from California Western School of Law, where he was honored with an American Jurisprudence Award for Legal Research and Writing and an Academic Achievement Award for his Internship Seminar.

Prior to joining Lee Smart, Mr. Kiendl practiced with the Blankenship Law Firm in Seattle from 1995 to 1997, primarily representing plaintiffs in personal injury and employment cases. From 1998 to 2001, he practiced at Harris & Hull in Seattle , focusing on prosecution and defense of commercial maritime claims in federal court. Mr. Kiendl is a member of the Washington State Bar Association, the Washington Defense Trial Lawyers, and he is admitted to practice before the U.S. District Court in both the Western District and Eastern District of Washington, and before the U.S. Court of Appeals for the Ninth Circuit. Martindale-Hubbell Law Directory has conferred a "BV" rating on Mr. Kiendl.

Representative Cases

• Sipin v. King County et al. – Defense of accident reconstructionist in federal civil rights action filed in Western District of Washington. The accident reconstructionist provided testimony for a prosecutor, resulting in a criminal defendant’s vehicular homicide conviction. The criminal defendant later overturned his conviction, and filed a civil rights lawsuit under 42 U.S.C. § 1983 against several parties, alleging fabrication of evidence. The civil rights plaintiff’s state law claims were dismissed on summary judgment. The civil rights plaintiff later agreed to dismiss the accident reconstructionist, rather than oppose a motion for summary judgment on his remaining federal law claims.
• Speicher v. Union Pacific Railroad et al. - Defense of Tacoma commercial trucking company in federal statutory action brought in the Western District of Washington. Plaintiff, a railroad conductor, was severely injured when his locomotives collided with a tractor/trailer combination at a grade crossing. Plaintiff alleged a claim for FELA liability against his employer and negligence claims against other defendants. Favorable settlement achieved following demand for $4 million in damages.
• Miller v. Gold Creek Umbrella Association et al. - Defense of Tacoma law firm in defamation action in Pierce County Superior Court. Plaintiff brought several causes of action relating to alleged defamation during a press conference held by an attorney and his client's representatives, who were defending separate litigation brought by the plaintiff. The trial court ruled that the subject of the press conference was a matter of public interest, and that there was insufficient proof of actual malice regarding the statements made by the defendants. Plaintiff's claims were dismissed on summary judgment .
• Harper v. Collection Bureau of Walla Walla et al. - Defense of Walla Walla attorney in federal statutory action brought in the Western District of Washington. Plaintiffs alleged violations of the Fair Debt Collection Practices Act and several state law claims. Nine of ten of plaintiffs' claims were dismissed on summary judgment. Plaintiffs' counsel sought an award of $35,000 in attorney's fees, plus litigation costs, for prevailing on one FDCPA claim. The district court awarded $875 in attorney's fees and $350 in litigation costs, basing the reductions on plaintiffs' counsel's poor advocacy and multiple failures to follow applicable court rules.
• Buchanan v. Duffy - won summary judgment of dismissal in legal malpractice action in Pierce County Superior Court. Plaintiffs filed their lawsuit four years and ten months after a personal injury settlement was agreed to. They claimed that their attorney failed to give conflict of interest advice, and that the personal injury settlement was too small as a result. Trial court applied the three-year statute of limitations for such claims and dismissed the action.
• Stephenson v. America One Finance et al. - Defense of Puyallup, Washington attorney in adversary proceeding in U.S. Bankruptcy Court for the Western District of Washington. Plaintiff alleged violation of the Washington Consumer Protection Act and claims for intentional infliction of emotional distress and negligent infliction of emotional distress. The claims related to the attorney's representation of his client and performance of escrow services for a mortgage refinancing transaction. Plaintiff's claims were dismissed on summary judgment.
• Stephens and McClane v. Target Corp. and Tensor Corp. - Defense of Minnesota home products retailer and Florida lamp manufacturer in federal diversity action. Plaintiffs alleged violations of the Washington Products Liability Act following a residential fire allegedly caused by a 20-watt halogen clip-on lamp. Resolution of claim included successful motion to dismiss plaintiffs' $500,000 claim for emotional distress damages and injury to their family dog. District court's ruling on motion to dismiss reported at 482 F. Supp. 2d 1234 (W. D. Wash. 2007).
• Silver Valley Partners, LLC v. De Motte, et al. - Defense of Salt Lake City law firm in federal diversity action transferred from Western District of Washington to District of Idaho. Plaintiffs alleged violations of the Idaho Securities Act, the Securities Act of Washington, and the Washington Consumer Protection Act, as well as numerous claims against other defendants. Plaintiffs took a voluntary dismissal against the Salt Lake City law firm in the face of a proposed motion for Rule 11 sanctions.
• Clipper Seafoods, Ltd. v. W. E. Stone & Company, et al. (F/V CLIPPER EXPRESS) – Defense of marine refrigeration contractor in federal admiralty action. Plaintiff claimed damages following installation of stainless steel tubes in seawater condenser. The tubes leaked refrigerant, forcing fishing vessel to return to port. Resolution of claim included prosecution of third party complaint against tubing manufacturer.
• Hodges v. Summer Fun Rentals, et al. – Won summary judgment of dismissal in federal admiralty action in Eastern District of Washington. Plaintiff rented a personal watercraft and collided with another watercraft on the Columbia River. Plaintiff suffered a partial amputation of his left leg. Trial court granted two motions for summary judgment, finding that plaintiff could not establish claims for negligence and products liability. The Ninth Circuit affirmed the dismissal in a memorandum decision found at 2006 U.S. App. LEXIS 25443.
• Fire Island Fisheries Corp. v. Quality Marine of Alaska, et al. - Defense of Michigan shaft seal manufacturer in federal admiralty action transferred from Western District of Washington to District of Alaska. Plaintiff took a voluntary dismissal against the Michigan defendant rather than respond to written discovery requests served at the inception of the discovery period.
• Begoun v. Cosco International, et al. – Defense of Atlanta attorney in federal copyright infringement action. Plaintiff alleged that the attorney interfered with a settlement agreement relating to the alleged infringement, and that the attorney's actions were directed against the plaintiff in the State of Washington. The court determined that it did not have personal jurisdiction and dismissed the action .
• Chard v. Sun West Aviation, Inc. – Defense of Arizona air ambulance company in federal wrongful death action in Eastern District of Washington. Favorable settlement of plaintiff's claims achieved following demand for over $4.7 million in damages.
• U.S. Bank v. Eel River Investment Company, et al. – Defense of Seattle law firm in federal diversity action alleging violations of the Securities Act of Washington. Favorable settlement of plaintiff's claims achieved following demand for over $15 million in damages.