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Michelle A. Corsi and Dan J. Von Seggern won on appeal in a complex legal-malpractice case, Berschauer Phillips Const. v. Concrete Science Services in favor of Concrete Science’s former attorneys. Berschauer Phillips sued Concrete Science, a defunct Minnesota LLC, concerning construction work at a school and was awarded a default judgment. To collect the judgment, Berschauer Phillips first tried to execute on Concrete Science’s potential legal-malpractice claims against its attorneys in King County, and before obtaining the right to do so then sued on those claims in Thurston County. Berschauer Phillips lost in King County and later in Thurston County and pursued separate appeals. The Court of Appeals affirmed the King County decision quashing the writ. The appeal of the Thurston County ruling was then resolved by an agreed dismissal.

The Martindale-Hubbell Law Directory has conferred an “AV” rating, its highest, on Kenneth E. Hepworth. An AV rating denotes both “very high to preeminent” legal ability and the highest ethical standards, based on extensive input from the lawyer’s peers. Congratulations, Ken! ... MIchelle Corsi and Ken Hepworth won summary judgment in favor of their client Keller Williams Western Realty Bellingham and a judgment for $84,000. Keller Williams sued a property seller for breach of contract. The seller failed to pay the commission owing to Keller Williams after the seller sold the property without informing Keller Williams. The court held that Keller Williams’s listing agreement was binding and obligated the seller to pay the commission and ordered payment of the commission, interest, and attorney fees. The court rejected the seller’s attempt to contradict the terms of the contract by offering evidence of an oral agreement that contradicted the written agreement.

Sherry H. Rogers and David M. Norman obtained a dismissal in two cases. In a medical-battery claim against a nursing home, Serrano v. Aureus Nursing, police escorted plaintiff from her home after she made suicidal threats while intoxicated. She was involuntarily taken to the hospital for a mental-health evaluation. She refused to blow into a breathalyzer, became agitated and violent, and tried to seclude herself in her room. When hospital staff intervened, she slapped a security guard. A nurse ordered that plaintiff be put into four-point restraints. Plaintiff sued the hospital and the nurse, Sherry and David’s client, and others for medical battery, outrage, and civil rights violations. After Sherry and David moved for summary judgment, plaintiff’s counsel stipulated to voluntary dismissal with prejudice of all claims. ... In Delay v. Marcereau, a wrongful-death medical-malpractice case, Sherry and David obtained a voluntary dismissal claims. Plaintiff’s mother died from complications of a bowel obstruction while hospitalized. Plaintiff sued the hospital, the radiologist, the hospitalist, and the emergency room physicians. Sherry and David sought summary judgment of dismissal on behalf of one of the emergency room physicians. They argued that their client did not assume a duty of care for the deceased beyond the limited emergency care he provided for her, that plaintiff lacked an expert witness to establish that the doctor was negligent, and that plaintiff could not prove a lack of informed consent, which is implied as to healthcare rendered in emergency situations. Rather than respond to the motion, counsel for plaintiff stipulated to an order of voluntary dismissal with prejudice.

Craig L. McIvor and David Norman won summary judgment of dismissal for a surgeon in Germeau v. Hennessey. Plaintiffs sued for medical malpractice, alleging that surgeons were negligent in their care of an elderly patient who later died from complications of surgery. Craig and David moved for summary judgment on behalf of the doctor who performed the surgery, plaintiffs did not file a response, and the court dismissed all claims against the surgeon with prejudice.

The Lee Smart Quarterly is a publication of the law offices of Lee Smart, P.S., Inc. for clients and others. It is intended as general information only and is not to be construed as legal advice. You should consult an attorney if you have any specific legal questions.

Editor: Jeffrey P. Downer	Eml: jpd@leesmart.com
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