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August G. Cifelli and Marc Rosenberg won summary judgment of dismissal of S.H. v. Corp. of the Catholic Archdiocese of Seattle, a personal-injury claim. Plaintiff alleged negligent supervision of a free-period baseball game at a parochial school in which the minor plaintiff was hit by a batted ball. The court agreed with Gus and Marc that plaintiff had failed to meet his burden of proving negligence or proximate cause.

David L. Martin obtained dismissal of a defendant wholesaler in Tobias v. Sanson Northwest. In that case, a worker sustained a severe hand injury after it was caught in a press brake. He alleged failure to install a hand guard. Dave persuaded plaintiff’s counsel that the wholesaler had no liability and to dismiss it voluntarily.

David L. Martin, Jeffrey P. Downer, and Alison H. Grennan won the appeal of Byrd v. System Transport, in which plaintiff’s decedent, a truck driver, became ill and died while on a long haul. Her estate sued her employer, claiming that a co-worker ignored obvious signs of serious illness. Plaintiff claimed that this was enough to avoid employer immunity, based on an exception to that immunity for intentional injury by the employer or a co-worker. The trial court agreed that there was an issue of fact on that point and denied the employer’s summary judgment motion. The Court of Appeals granted discretionary review and reversed, holding that the employer was immune from suit.

Joel E. Wright, Michelle A. Corsi, and Marc Rosenberg won summary judgment of dismissal of Hansen v. Doe, a legal malpractice case. Hill Street Investment, a client of the defendant attorney client, sued plaintiff for specific performance of a purchase and sale agreement. The attorney acted as escrow agent as well as attorney for Hill Street. The court in that case granted summary judgment for specific performance. In that lawsuit, Hansen raised essentially the same claims that he later raised in the legal-malpractice case. In the second case, the court concluded that this was a classic case of collateral estoppel, which bars re-litigation of issues that were litigated previously. Further, the court stated that since Hansen received what he was due under the contract, he suffered no damage and was unable to show damages in the current action.

Tammy L. Williams, Alison Grennan, and Jason C. Hawes successfully defended Hutson v. Costco, in which a co-defendant appealed the trial court’s denial of attorney fees. Plaintiff injured her hand on a shopping cart at Costco and later sued both Costco and Rehrig, the cart manufacturer. At mandatory arbitration, the arbitrator awarded the $35,000 limit against Costco only. Costco requested a trial de novo, at which the jury also found Costco to be solely at fault but found plaintiff’s damages to be only $15,000. The co-defendant argued that it was entitled to attorney fees because Costco failed to improve its position as to Rehrig. The trial court denied Rehrig’s request for fees. The Court of Appeals affirmed, rejecting Rehrig’s argument that fees are owing unless the party that seeks the trial de novo improves its position as to every other party to the action. The appellate court rejected this reasoning because it would discourage meritorious appeals and frustrate the purpose of the mandatory arbitration system.

The Lee Smart firm is in the midst of a baby boom. In recent months, several attorneys have become first-time parents. August G. Cifelli and wife Christa are parents of Augustine G. Cifelli, Jr. Ketia Berry Wick and husband Rando are parents of daughter Makena. Carolanne D. McCaskill and husband Randy are parents of son Jack. Marc Rosenberg and wife Yunhong Xu also have become second-time parents, with the birth of son Adam.

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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