Around The Firm

August G. Cifelli and William R. Kiendl won summary judgment of dismissal in Hodges v. Summer Fun Rentals. Plaintiff sued a jet-ski rental company after a collision on the Columbia River that caused a partial leg amputation. Gus and Bill brought a series of summary judgment motions. The federal court held that plaintiff could not prove the negligence and product-liability claims against Gus's and Bill's client and dismissed them. ... Gus Cifelli won Tighe v. General Motors, in which plaintiff alleged that airbags failed to deploy during a collision. After plaintiff saw Gus's summary judgment motion, plaintiff voluntarily dismissed the action. ... Joel E. Wright and Laura A. Sell won summary judgment of dismissal of two legal-malpractice claims. In Bottemiller v. Short Cressman & Burgess, PLLC, plaintiff alleged that defendant mishandled a child-support order, but the court found no proof of any claim. In Satcher v. Shubert, plaintiffs alleged legal malpractice in the guise of a RICO claim, but the federal court held that plaintiffs failed to state a claim.

Philip B. Grennan has won two trials. In Baker v. Prather, Phil defended a real estate broker against a fraud claim. Plaintiff sued for nearly $500,000 and prevailed against co-defendant seller, but the court dismissed all claims against Phil’s client. Brown v. Stewart was a claim of drug-counselor malpractice for reporting plaintiff’s violation of a drug-treatment program to the Department of Licensing. Plaintiff alleged a wage loss of some $200,000. Phil argued that defendant had not caused plaintiff’s damages and that the damages were only $40,000. The jury returned a net verdict of only $2100. ... Jeffrey P. Downer and Michelle A. Corsi won summary judgment of dismissal in New West Fisheries v. Neeleman, et al., a $10 million legal-malpractice claim, because the statute of limitations had run on plaintiff’s claim before Jeff and Michelle’s began representing plaintiff. ... Jeff Downer and Carolanne D. McCaskill won partial summary judgment in Lucks v. Pool Industries, a claim of product failure and $350,000 in damages. The court agreed that a limitation-of-liability clause eliminated plaintiff's claim for consequential damages, so that at trial, plaintiff may seek only $65,000 of the total claim. ... In Page v. Harvey, a legal-malpractice case, Jeff Downer and Jason C. Hawes won partial summary judgment of dismissal of plaintiff’s claim that his ex-lawyer entered into a divorce decree without his authorization. ... Jeff Downer and Alan M. Singer successfully defended Ozolitis v. Sterling Brokerage, in which plaintiffs alleged misrepresentation against real estate brokers for loss of waterfront and dock rights. Jeff and Alan moved for summary judgment, but after plaintiffs saw the motion, they settled for just $500. ... Steven J. Jager and Mary E. DePaolo won summary judgment of dismissal of Skierka v. Dinnson, a toxic-mold claim against a commercial landlord.

Patricia K. Buchanan and Aaron P. Gilligan won summary judgment in White v. Township of Winthrop. Plaintiff, the town marshal, resigned after suffering a seizure while on duty. The mayor told the local newspaper that plaintiff had suffered food poisoning and could not maintain the medication level needed to control his seizures. Plaintiff sued the town, alleging that the mayor's statement amounted to disability discrimination and invasion of privacy. The court disagreed and dismissed the action. ... Eric S. Newman won the trial of Hernandez v. Stephens, in which a boy claimed that defendant ran over his leg. The boy suffered deep abrasions and scarring on his leg and sought $86,000 from the jury. The defense contended that the defendant came to a complete stop, and the boy ran into the car. After only half an hour of deliberation, the jury returned a defense verdict. ... Tammy L. Williams and Pamela J. DeVet won partial summary judgment in Tanguy v. General Construction, a claim for construction-site injuries. ... A. Janay Ferguson won the arbitration of Hasten v. Boyd, a personal injury claim arising from a rear-end car accident. Plaintiff was left owing the defendant's costs.

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
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