Around The Firm

Michael W. Brown won a defense verdict in Estate of Rosina Snyder v. Giles, a one-week wrongful-death trial. This case involved a pedestrian-versus-automobile accident in which liability was contested. Plaintiff sought $1.2 million in damages. After deliberating for one hour, the jury returned a 11-1 verdict in favor of the defense. … Mike Brown also won a mandatory-arbitration case, Hansen v. Mukhina. The case involved a highly charged liability dispute over the right-of-way merging from a shopping mall onto a main arterial and allegations that defendant drove into oncoming traffic to pass cars that were stopped due to heavy traffic congestion. The arbitrator rejected the claim and found for Mike’s client.

In Something Sweet, LLC v. Nick-N-Willy’s Franchise Co., LLC, Joel E. Wright and Rosemary J. Moore won summary judgment of dismissal of claims for violation of the Franchise Investment Protection Act. Plaintiffs alleged that the defendant area developers had failed to register a franchise offering with the Director of Financial Institutions and had failed to make material disclosures. The court agreed with Joel and Rosemary that there was no evidence of a material nondisclosure and dismissed the action.

Joel E. Wright and Marc Rosenberg won Kehres v. Ursich, a legal-malpractice action. While plaintiffs represented themselves in a dispute regarding the sale of property, several important orders were entered. Plaintiffs then retained the defendant attorneys but soon replaced them. The court agreed that the plaintiffs had shown neither that the attorneys breached the standard of care during their few months of representation nor that the damages that plaintiffs were alleging were proximately caused by any act or omission by the firm. Plaintiffs appealed.

Jeffrey P. Downer and Jennifer R. Porto won summary judgment for a real estate broker in Kennedy v. Sabo v. John L. Scott Tacoma North. Plaintiff home buyer claimed numerous concealed defects in the property and sued the seller. The parties had entered into one purchase and sale agreement that had expired, and later entered into a second purchase and sale agreement. Plaintiff alleged among other things that she had received a completed seller disclosure statement with the first agreement but not with the second. The sellers brought a third-party complaint against Jeff and Jennifer’s clients, alleging that if the sellers were liable, it was the real estate agent’s fault. The court disagreed and granted Jeff and Jennifer’s motion for summary judgment.

In Scollan v. Estate of Pate, Frank A. Cornelius, Jr. won summary judgment of dismissal. The case arose out of a 2005 motor vehicle accident. In 2006, the disfavored driver, Mr. Pate, died. In 2008, plaintiff mistakenly sued Mr. Pate’s roommate, who co-owned the vehicle involved in the accident. Discovery later revealed that plaintiff had named the wrong defendant and that Mr. Pate had died. Plaintiff was allowed to amend her complaint to add the Estate of Pate, but the statute of limitations already had run. Plaintiff failed to seek appointment of a personal representative to accept service of process, but instead attempted alternative means of service, including service by publication, sending the summons and complaint to Mr. Pate’s parents by certified mail, and service on the Secretary of State under the non-resident motorist statute. Plaintiff waited six months before seeking appointment of a personal representative, who later accepted service of process. Frank moved to dismiss plaintiff’s claims because the statute of limitation had expired, and since Mr. Pate died prior to filing of the lawsuit, the alternative methods of service were invalid. The court agreed and dismissed the action.