Around The Firm

The Maritindale-Hubbell Law Directory has conferred an “AV” rating, its highest, on Ketia Berry Wick. An AV rating denotes both “very high to preeminent” legal ability and the highest ethical standards. Congratulations, Ketia!

Craig L. McIvor and Janine E. Leary won the jury trial of Ellis v. Connell, a medical-malpractice action. Plaintiff alleged that a gynecologist had adjusted an IUD improperly, causing infection that resulted in three surgeries and permanent injuries. After deliberating just 30 minutes, the jury returned a defense verdict. ... Alan M. Singer tried the auto-accident action Kumar v. DHL. Plaintiff was turning left at an intersection controlled by a traffic light. Plaintiff alleged that the green light in the truck’s favor had turned red before the truck entered the intersection. The truck driver contended that the light was still green when he entered the intersection. After deliberating just an hour, the jury returned a defense verdict. Alan also recovered $3,500 on a counterclaim for damage to the truck. ... Patricia K. Buchanan and Pamela J. DeVet defended Gambini v. DaVita, a six-day employment-discrimination trial heard in federal court. Plaintiff alleged seven claims against her former employer. Pat and Pam won summary judgment of dismissal of four of those claims; the other three went to trial. After less than an hour of deliberations, the jury unanimously found for the defense.

Steven G. Wraith won a favorable verdict in the five-day jury trial of Power v. Access Group, Inc. Plaintiff, a UPS package delivery person, claimed permanent neck and back injuries and sizeable wage loss after a roll-up door at the premises of Steve’s client hit him on the head. Plaintiff’s last settlement demand was $200,000. Plaintiff’s counsel asked the jury for $450,000. The defense offered $35,000 before trial. The jury returned a verdict of $21,000, less comparative fault of plaintiff of 15 percent. The net verdict for plaintiff was just $17,850, barely half the defense’s settlement offer. ... Philip B. Grennan successfully defended the underinsured-motorists arbitration of Palmer v. Transportation Ins. Co. before a three-arbitrator panel. Claimant suffered injuries to his neck, upper back, and shoulder in a rear-end auto accident on an Interstate 5 freeway offramp. He claimed that the injuries were permanent and affected his ability to work and enjoy golfing and other recreational activities. He sustained $10,000 in medical bills. Plaintiff demanded $125,000 in settlement before the arbitration. The defense offered $25,000. The arbitrators found $45,000 in total damages. After a setoff of $25,000 for the liability-insurance limits that claimant had recovered from the underinsured motorist’s liability insurer, the claimant received a net award of only $20,000, or $5,000 less than the UIM insurer’s settlement offer.

Michael A. Patterson has been elected Chair of the Board of Trustees of Gonzaga University for 2005-07. He has been a member of the university’s Board of Trustees since 1999. ... Mike Patterson and William R. Kiendl won summary judgment of dismissal in Phalan v. Eimers. Plaintiff was a fire commissioner in San Juan County who was charged with theft. Two fire chiefs learned of the arrest, investigated, and terminated plaintiff’s status as a voluntary emergency medical technician. Plaintiff sued the fire chiefs, alleging that they improperly obtained arrest reports and witness statements from the sheriff and the prosecutor. The court agreed with Mike and Bill that plaintiff had failed to prove that the fire chiefs had obtained “nonconviction data” relating to plaintiff and that the arrest reports were available to the public. ... Joel E. Wright and Bill Kiendl won a motion to dismiss Begoun v. Cosco International, a federal copyright-infringement action. They defended an Atlanta lawyer who plaintiff alleged had interfered with a settlement agreement regarding the alleged infringement by the lawyer’s client. The court dismissed the action because it lacked personal jurisdiction.

The Lee Smart Quarterly is a publication of the law offices of Lee, Smart, Cook, Martin & Patterson, 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
Phone: 206.621.3482	Toll Free: 877.624.7990