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Around The Firm
Michael A. Patterson
and Patricia K. Buchanan won a defense
verdict in Johnson v. Catholic Community Services. Plaintiffs brought
a "wrongful adoption" claim, alleging that had the adoption
agency, Catholic Community Services, provided all records on the
nine-year old child, they would never have adopted her. After a
three-week trial in Thurston County Superior Court, the jury agreed
with Mike and Pat’s defense that regardless of what information
was provided, the plaintiffs would have adopted the young girl,
and therefore any alleged failure to provide records was not the
proximate cause of plaintiffs’ alleged injuries. … Tammy
L. Williams improved her client’s position on a trial
de novo in Hutson v. Costco. On appeal from the maximum $35,000
arbitrator’s award, the jury awarded $15,000 to the plaintiff.
Plaintiff claimed a shard of chrome from a Costco cart handle imbedded
into her thumb. She described the pain as worse than both of her
childbirths. Tammy also prevailed on the co-defendant cart manufacturer’s
motion for attorney fees and costs following the trial.
Kenneth E. Hepworth
won summary judgment of dismissal in Connely v. Mombasa Coffee Co.
v. Olympic Springs. Olympic Springs sold a water-purification system
to Mombasa Coffee Company, installed it at Mombasa’s business,
and thereafter regularly serviced it. In 1999, a pressure valve
on the purification system failed, causing water to flood Connely’s
business. Connely sued Mombasa for damage to his inventory and for
business interruption. Mombasa brought a third-party complaint against
Olympic Springs, alleging negligence, breach of contract, contribution,
and indemnity. Ken moved for summary judgment of dismissal on behalf
of Olympic Springs because the purchase contract specifically excluded
the damages that plaintiff claimed and because there was no proof
that Olympic Springs was negligent. The court agreed with Ken and
dismissed the third-party complaint. … Ken Hepworth also won
summary judgment of dismissal in Hall v. Process Engineering. The
case arose from the failure of a water heating system at a college.
A connector failed, causing scalding water to flood the mechanical
room and other parts of the building. Plaintiffs were maintenance
workers at the college who suffered severe burns while investigating
the flood. Plaintiffs sued the manufacturer of the connector, the
mechanical contractor, the distributor of the connector, the company
that monitored the system, and Ken’s client, Process Engineering,
the mechanical engineer. The court agreed with Ken that there was
no evidence that Process Engineering was negligent in preparing
drawings and specifications for the project. The court also agreed
that even though Process Engineering was responsible for final inspection
of the mechanical contractor’s work the terms of the construction
contract did not impose liability for any fault of the mechanical
contractor.
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