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Around The Firm
August G. Cifelli and William R. Kiendl, with regional counsel for Kia Motors America, won summary judgment in Torres v. Kia Motors America. Plaintiff was injured in a near head-on collision and alleged that the airbag and seatbelt systems were defective, which contributed to the claimed injuries. The court held that plaintiffs lacked sufficient evidence to support their design and manufacturing-defect claims.
Philip B. Grennan and Rosemary J. Moore won summary judgment for defendant The Lakeside Group, in Ferguson v. King County, et al. Plaintiff was injured when a scaffolding ladder he was descending during a concert at Marymoor Park broke loose, and he fell. Plaintiff sued the venue owner, Lakeside, the concert promoter, the scaffolding manufacturer, and the union that provided laborers for the concert. Plaintiff was a union worker whom Lakeside hired to run the spotlight. He filed a worker’s-compensation claim for his injury. Phil and Rosemary argued that Lakeside was plaintiff’s employer for the purposes of this accident, based on Lakeside’s payment of worker’s-compensation premiums and the collective-bargaining agreement with plaintiff’s union. Plaintiff argued that he had not consented to that employment arrangement with Lakeside and instead believed he was employed by the union. The court held that Lakeside was the immune employer and dismissed all claims against it.
Joel E. Wright and Rosemary Moore won summary judgment in Lombard v. O'Rourke & Snell. The plaintiffs and 140 other homeowners possess the right to use a community beach on Lake Washington. They retained attorney Snell to continue prosecuting a claim for nuisance and for an injunction to prevent overnight parking and storage by those persons who were misusing their right to use the beach for recreational purposes. After obtaining an injunction, the plaintiffs sued their lawyers complaining that they should have been advised to bring a quiet-title action to determine ownership to the community beach. The court agreed with Joel and Rosemary that plaintiffs could not show that they had suffered any damage or that their lawyers had breached the lawyer’s standard of care and dismissed the action.
Craig L. McIvor won a motion on the merits, an appellate motion that is similar to summary judgment, in Riehl v. Valley Med. Center, a medical-malpractice case. Plaintiff was treated in the emergency department on two successive days for knee pain. At the second visit, she was found to have necrotizing fasciitis, or flesh-eating bacteria, and was transferred by helicopter to a regional trauma center. She sued the hospital and emergency physicians, alleging delay in diagnosis. Craig won partial summary judgment motions, limiting the claims against his hospital client. The case was tried for three weeks, and the jury returned a verdict for all defendants. On appeal, plaintiff argued several issues of hospital liability but not any issue against the defendant physicians. Craig moved to dismiss the appeal because all claims of hospital liability depended on a finding of negligent medical care. The Court of Appeals agreed, granted the motion, and dismissed the appeal.
| The Lee
Smart Quarterly is a publication of the law offices of Lee Smart, 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 |
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jpd@leesmart.com
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