Around The Firm

August G. Cifelli won Free v. Autoliv ASP, a product-liability claim involving the deployment of an airbag in a car. Plaintiff claimed that plaintiff’s decedent died because particulate matter was released when the airbag inflated and caused the decedent to suffer a fatal asthma attack. Autoliv manufactured the airbag module. Gus obtained voluntary dismissal of Autoliv. Co-defendant General Motors Corp. then retained Gus as one of its trial counsel. After a three-week trial, the jury returned a defense verdict for GM.

Francis X. Olding won a judgment of more than $250,000 in his defense of Estate of Karen Morgan v. Estate of Casey Morgan, a complex probate dispute. The action began as a $1 million claim by the estate of a deceased wife against the estate of a deceased husband, both of whom the husband’s brother had fatally shot. The wife’s estate claimed wrongful death due to the husband’s negligence. Much of the case turned on which spouse died first, to determine the flow of both spouses’ assets. Frank won a series of motions for partial summary judgment and for attorney fees and sanctions. The parties then tried the issue of the sequence of the deaths, which would determine which estate owned the assets. The court agreed with Frank that the wife died first, so that plaintiff received nothing. In addition, Frank had discovered during discovery that the personal representative of the wife’s estate had raided her retirement accounts, to which the husband’s estate was legally entitled. Frank’s client counterclaimed for those funds. The court ultimately entered judgment in favor of Frank’s client for more than $250,000, and rejected plaintiff’s claim of more than $1 million. … Patricia K. Buchanan has been named a 2002 "Rising Star" by Washington Law & Politics Magazine. The magazine bestows the designation on approximately four percent of Washington lawyers who are under the age of 40 or have practiced for fewer than 10 years. Congratulations, Pat!

Although the Lee Smart firm’s practice traditionally has emphasized the defense of civil litigation, the firm also represents plaintiffs where warranted. In Chenier v. Paccar, Gregory P. Turner and Tammy L. Williams represented Wanda Chenier and her family in a claim arising from a tragic auto accident that rendered Ms. Chenier a quadriplegic. The driver of a 1987 Peterbilt truck changed lanes without seeing a Volkswagen Jetta in the next lane. He collided with the Jetta, which lost control and crashed head-on into the Cheniers’ car in one of the oncoming lanes. The Cheniers’ SUV rolled several times. Ms. Chenier, then age 35, suffered a cervical spinal cord injury. The Cheniers’ five-year-old son suffered severe facial injuries. Mr. Chenier and a daughter suffered lesser injuries. The Cheniers alleged that the truck driver and Paccar, the manufacturer of the truck, were at fault. The truck lacked a right-side view window, which other truck manufacturers included as standard equipment, that would have given the truck driver a greater opportunity to have seen the Jetta. The found both the truck driver and Paccar liable and returned a verdict of $11 million.

Michael A. Patterson, Duncan K. Fobes, and Marc Rosenberg won summary judgment in Miller v. Grays Harbor County, a $4 million personal-injury action. Plaintiff sued after a motorcycle accident rendered him a paraplegic. He alleged negligent maintenance of the road by the county. Plaintiff’s attorney filed the action in a county adjoining Grays Harbor County, but it was the wrong county. A Washington statute requires that any action against a county be filed either in that county or in an adjoining county that the Office of Administrator of the Courts designates. The court agreed with Mike, Duncan, and Marc that the statute’s requirement was jurisdictional and dismissed the action. The statute of limitations now bars any re-filing of the action. … Richard C. Robinson won a defense verdict in Collier v. Pacific Industrial Supply, a product-liability action. The 19-year-old plaintiff lost two fingers while using a threading machine. The day before trial, the co-defendant manufacturer settled, leaving Rich to defend the non-settling remanufacturer defendant. Despite jury instructions that almost directed the jury to find Rich’s client at fault, Rich persuaded the jury that the fault of the plaintiff and his employer, not defendant, had caused the accident. … Tammy L. Williams obtained dismissal of Kennedy v. Windermere. Plaintiff claimed that she slipped and fell at a house that Tammy’s client had listed for sale. Tammy moved for summary judgment because plaintiff had sued the wrong corporation, and as a result the plaintiff voluntarily dismissed her claim.