Around The Firm

Washington Law & Politics magazine continues to recognize Lee Smart’s many up-and-coming younger lawyers. The magazine’s Rising Stars for 2004 include Lee Smart lawyers Charles P.E. Leitch, Michelle A. Corsi, Jennifer M. Ilenstine, and Stacy D. Heard.

Jennifer Ilenstine also has had a string of courtroom wins, including a defense verdict in the trial of Raven Construction v. Marie Gallagher & Associates, a real-estate-malpractice claim. A real estate agent pointed out flags and stakes to a property buyer, who also was a contractor. The buyer closed on his purchase of the property and later built a $650,000 home on it. He claimed to have relied on the real estate agent’s representations, and he had no survey performed before building. The house was built 60 feet onto the neighbor’s property. Plaintiff claimed more than $200,000 in damages after buying the strip of land onto which the house encroached, plus attorney fees and other expenses. The jury agreed with Jennifer that the real estate agent’s representation was not negligent.

Peter E. Sutherland won a favorable jury verdict in Bergquist v. Evergro Sales, which arose from a serious head-on auto accident. Plaintiff suffered cervical and thoracic dysfunction, aggravation of a previous thoracic compression fracture, and paresthesia of her arms. Plaintiff claimed more than $11,000 in medical expenses and $50,000 in business losses. Liability was disputed. Plaintiff asked the jury for more than $150,000. Although the jury found Peter's client 100 percent liable, it awarded less than $32,000 in total damages.

David L. Martin and Frank A. Cornelius won a favorable verdict in Brannan v. Potelco. In that case, a 78-year-old woman fell in her kitchen on water that spilled due to excessive water pressure in the pipes. Dave and Frank’s client, Potelco, had ruptured the water main, because the local water association, Dockton, had inaccurately located the main. After the water main was repaired, only some water valves were turned back on, which plaintiff alleged was the cause of the over-pressure incident. Plaintiff claimed a concussion, shortness of breach, loss of stamina and energy, and $65,000 in medical bills for a post-fall hospitalization. The jury returned a verdict of only $207,000. The jury found Potelco and Dockton each 50 percent at fault. However, another homeowner previously had sued Potelco and Dockton in small-claims court for property damage arising from the same incident, and the small-claims court had found Potelco only 25 percent at fault and Dockton 75 percent at fault. After trial, the court agreed with Dave and Frank that collateral estoppel applied, so that the 25-75 fault allocation applied to the Brannan case also. As a result, Dave and Frank’s client paid only $52,000, which was essentially the same as their pre-trial settlement offer.

Eric S. Newman defended the jury trial of Seidemann v. Newell, an admitted-liability case involving plaintiff’s two unrelated car accidents three weeks apart. Eric defended the driver in the second accident. The trial addressed the allocation of damages between the two defendants and a calculation of plaintiff's damages. The plaintiff claimed nearly $10,000 in medical bills and alleged that she still could not work more than two years after the accidents. At trial she asked the jury for past and future medical expenses, past and future wage loss, and pain and suffering. After a four-day trial, the jury awarded the plaintiff a total of $45,856.30. Eric’s client was assigned only 0.32711% of the liability, which totaled $150. Because Eric previously had served a $5,000 offer of judgment on plaintiff, she was left owing Eric’s client's costs incurred after the offer.

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
Phone: 206.621.3482	Toll Free: 877.624.7990