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 2005 include Lee Smart lawyers Dirk J. Muse and Ketia B. Wick.

David L. Martin and Ketia B. Wick won a defense verdict after a two-week jury trial in Arhu v. Yamamoto, a wrongful-death medical-malpractice action. Plaintiff alleged a failure to educate and provide proper post-operative treatment after a knee arthroscopy. The patient developed a deep-vein thrombosis that resulted in a fatal pulmonary embolism. … Ketia Wick has co-authored "Defending Damages and Causation: Allegations of Delayed Diagnosis of Cancer," an article published in the November 2004 issue of For the Defense, the national publication of the Defense Research Institute. The co-author is Dr. Michael Retsky, a member of the faculty at Harvard Medical School. The article addresses claims of delayed diagnosis of cancer and demonstrates that the older theory of doubling times for certain types of cancer is not accurate.

Tammy L. Williams and Christina L. Smith won a favorable verdict in the six-day jury trial of Forsman v. Bitterling. Plaintiff claimed neck and back problems, post-traumatic stress disorder, and a closed head injury with cognitive difficulties after defendant rear-ended her on Interstate 5. Tammy and Christina filed a $15,000 offer of judgment prior to trial, which plaintiff did not accept. Plaintiff asked the jury for a verdict of $250,000. Tammy requested a defense verdict or, in the alternative, an award of $20,000 with comparative fault of 75 percent on the plaintiff. The jury returned a verdict of $25,000 for the plaintiff but found plaintiff 60 percent at fault. The net verdict for plaintiff was $10,000 — less than the amount of the Offer of Judgment, and as a result, plaintiff must pay defendant's statutory costs and attorney fees. … Tammy Williams also obtained dismissal for want of prosecution in Anderson v. Guckenheimer Enterprises, a premises-liability action.

Jeffrey P. Downer and Frank A. Cornelius, Jr. won summary judgment of dismissal of Horstman v. Costco, a premises-liability claim in which plaintiff suffered multiple femur fractures and incurred more than $75,000 in medical bills. ... Jeff Downer also won summary judgment of dismissal of Richter v. Costco, a premises-liability claim involving a serious knee injury and surgery … Jeff Downer and Daniel G. Lloyd won summary judgment of dismissal in Page v. Harvey, a legal-malpractice case. The defendant attorney had represented plaintiff-husband in a dissolution action. In the dissolution action, the husband sought to vacate the decree more than a year after it had been entered. The wife had received the couple's house in the divorce and later sold it for more than the husband thought it was worth. The court denied the plaintiff's motion, ruling that he had suffered no damages even if grounds for vacating the decree existed. The plaintiff then sued the defendant-attorney for legal malpractice. Jeff and Dan persuaded the court that collateral estoppel, or "issue preclusion," barred the plaintiff from asserting damages in the legal-malpractice action.

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