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Bradley D. Westphal recently tried Allen v. Jayson, a four-day jury trial in Thurston County. The plaintiff fell from Brad’s client’s third-floor deck after it collapsed. Plaintiff suffered serious injuries and incurred approximately $44,000 in medical expenses. Liability was admitted. Brad’s client offered up to $175,000 in settlement. Plaintiff’s counsel asked the jury to award $250,000. The jury returned a verdict of only $90,000.

David L. Martin and Peter E. Sutherland won summary judgment in Reynolds v. Clark County Fair Assn. The fair had constructed a “water mister,” a simple frame made out of PVC pipe, perforated with small holes to mist water on patrons during hot summer days. The water mister had caused a manhole cover on the concourse to become wet. Plaintiff argued that the wet surface caused her to slip and fall. No one had fallen in the 10 years that the misters had been in use or on any of the more than 40 manhole covers that dot the Fair concourse, which often became wet in the rain. Plaintiff provided expert testimony that the water would pool at these manhole covers. However, the court found that water on a surface does not by itself establish notice of a dangerous condition and that plaintiff failed in her burden to prove that the Fair knew or should have known that this wet surface could pose a danger.

Rebecca S. Izsak and Stefanie L. Peppard were awarded summary judgment in Lake v. Island Hospital. Plaintiff alleged violations of the Uniform Healthcare Information Act, as well as torts of invasion of privacy and outrage for an alleged dissemination of healthcare information to her former boyfriend. Plaintiff’s sole evidence consisted of hearsay and her own conjecture as to the course of events. The court agreed that such “evidence” was not admissible to prove the allegation that there was a dissemination of protected information by hospital staff, and without more, plaintiff had failed in her burden of proof. The court granted summary judgment.