Around The Firm

Washington Law & Politics magazine has named Lee Smart associate Tammy L. Williams a 2002 "Rising Star." The magazine bestows the designation on approximately four percent of Washington lawyers under the age of 40 or with less than 10 years of practice. Congratulations, Tammy! … Tammy won summary judgment in McEwan v. Bonney-Watson. Plaintiffs claimed breach of a contract for funeral goods and services. The contract required arbitration within one year of the occurrence of disputes arising from the contract. Plaintiffs instead sued in Superior Court on the eve of the limitation period. The court agreed with Tammy that the contract is valid, that plaintiffs violated the contract terms, and that the contractual limitation period had expired. … Tammy also won the arbitration of Riggins v. Group Health. Plaintiff alleged that he fell on a recently mopped floor while attending a community meeting at Group Health. Group Health’s maintenance employee testified that he placed "wet floor" warning boards at both ends of the hallway, and the arbitrator found that Group Health exercised reasonable care in its warnings.

Michael A. Patterson won partial summary judgment in Fualaau v. Highline School District, resulting in dismissal of plaintiffs’ claims for the cost of raising two children. The case arises out of a relationship between then-teacher Mary Letourneau and her former student Vili Fualaau, which resulted in the birth of two children. Ms. Letourneau is now serving a seven-year sentence while Vili and his mother Soona Vili are raising the children. Soona and Vili sued the District claiming that it knew or should have known of the relationship and should have intervened. A significant part of their claim for damages is the cost of raising the children. The court agreed with Mike that Washington’s public policy bars such claims and that the Uniform Parentage Act provides the exclusive remedy for child support by providing an avenue of recovery against the biological parents. The court also dismissed Vili Fualaau’s claims of loss of wages and future earning capacity claims as speculative. Patricia K. Buchanan, Jennifer M. Ilenstine, and Michelé M. Haaseth assisted in the motions.

Gregory P. Turner won favorable verdicts in two recent jury trials. In Reese v. Johnson, Greg’s motorist client crossed the centerline, hit plaintiff’s car, and totaled both vehicles. Plaintiff suffered neck and back injuries and incurred $9,000 in medical bills and other out-of-pocket expenses. Plaintiff rejected a $29,000 settlement offer. Despite clear liability, the jury agreed with Greg on damages issues and returned a verdict of only $15,000. … In Sobus v. Costco, plaintiff fell in the food court area of Costco on what she claimed was mustard. She tore her rotator cuff and incurred $20,000 in medical expenses. The court ruled for plaintiff that the food court was within the "self-service exception" so that plaintiff did not have to prove that Costco knew or should have known of the condition. Nevertheless, the jury agreed with Greg that Costco’s inspection and clean-up procedures were reasonable and returned a defense verdict. … In Adam v. Costco, another premises-liability trial, Jeffrey P. Downer defended a claim that a pallet in an aisle caused plaintiff to fall. Costco personnel had placed the pallet in the aisle to stock shelves. It bore a two-foot stack of cases of soap. Plaintiff claimed multiple leg injuries and $8,000 in medical expenses and alleged that the fall ruined her life. The jury deliberated only an hour before agreeing that the pallet was an obvious condition that plaintiff should have seen and returning a defense verdict. … Laurie L. Johnston recently won a favorable jury verdict in Haugstad v. Mount Baker Mushroom Farms. Plaintiff alleged that a low-impact collision caused injuries that required neck surgery five years later. Her medical expenses were $33,000, and she asked the jury for $250,000. Laurie argued that only the treatment immediately after the accident was related to the collision. The jury agreed and returned a verdict for $15,324.