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In Black v. Jerry's Jewelry & Loans, Inc., Joel E. Wright and Melisa K. Thompson won summary judgment of dismissal in favor of a pawnshop. Burglars broke into plaintiff’s home and stole jewelry, which they later pawned at various pawn shops. Plaintiff notified the pawnshops of her stolen items. She sued the pawnshops, claiming violation of pawnshop reporting statutes and the Consumer Protection Act, replevin, and assault. She claimed she was injured when she tried to take what she thought was her jewelry out of the store, and the store owner grabbed her wrist and held it until the police arrived. After viewing the videotape of the whole incident, neither the police nor the court was persuaded that any assault occurred. The court also concluded that the pawnshop did not violate reporting statutes, which require pawnshops to take note of possible stolen items only when a police agency notifies them.

Michelle A. Corsi won partial summary judgment in a real-estate malpractice case, Williams v. Van Dorm Realty. The buyers sued the sellers and real estate agents involved in the transaction for negligent misrepresentation regarding several alleged defects with the house. The court agreed with Michelle that plaintiffs lacked proof of any negligent or intentional concealment of several of the alleged defects and dismissed those claims. The court also dismissed plaintiffs’ Consumer Protection Act because no proof of a pattern or practice of deception existed.

Patricia K. Buchanan and Daniel G. Lloyd won summary judgment in Anderson v. Lake Washington School District. A school bus struck the plaintiff bicyclist in a busy intersection. Plaintiff claimed neurological and psychological trauma and alleged that the accident caused him to lose his dental practice. The court agreed with Pat and Dan that the bus driver followed all rules of the road and that plaintiff had no evidence to support his theories and dismissed the action.

Michael A. Patterson, Charles P.E. Leitch, and Dan Lloyd won a defense verdict in Barbee v. Jefferson County, a three-week federal civil-rights jury trial. Plaintiff was an inmate who developed a rare staph infection in his hand while incarcerated as a pretrial detainee. Doctors had to perform multiple surgeries and amputated one of plaintiff’s fingers to resolve the infection. A long hospitalization further placed plaintiff's health at grave risk. He sued Jefferson County and the jail superintendent individually, claiming that both were deliberately indifferent to his serious medical needs, claiming $10 million in damages. He rejected a $50,000 offer of judgment early in the case. After hearing testimony from multiple lay and expert witnesses, the jury returned a unanimous defense verdict.

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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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