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In Mkrtychev v. Huling Bros., August G. Cifelli won summary judgment of dismissal in favor of a car dealer. Plaintiff was injured during a test drive. The court based its ruling on the bailment relationship created by the test drive and held that the accident resulted from a superseding or intervening cause. … In Tanzi v. Shulkin, Sam Franklin and Marc Rosenberg won a trial involving claims of legal malpractice and breach of fiduciary duty arising from the attorney's representation of plaintiffs in bankruptcy proceedings. … In the federal discrimination action of Morta v. Camas School District No. 117, Michael A. Patterson and Marc Rosenberg won summary judgment of dismissal. The federal court agreed with Mike and Marc that plaintiff filed the action fewer than the required 60 days after serving her tort claim. … In CNA Ins. Co. v. Cadet Mfg. Co., Marc Rosenberg won an attorney-fee award of more than $172,000. … Patricia K. Buchanan and Dan Lloyd obtained dismissal in Elliott v. Puyallup School District, a claim under the Residential Landlord-Tenant Act. Plaintiffs had refused to comply with discovery orders, leading Pat and Dan to persuade the court to dismiss the action and impose sanctions on plaintiffs. ... Michelle A. Corsi won summary judgment in Gerard v. Shattuck. Plaintiffs sued their former lawyer in a boundary-line property dispute with ex- neighbors. They claimed that the lawyer lost the underlying case, resulting in title to a portion of their property being quieted to the neighbors, and had not timely sued the person from whom they had bought the property. The court agreed with Michelle that plaintiffs had no proof that the lawyer was negligent or proximately caused plaintiffs' damages and dismissed the action. … David L. Martin won summary judgment of dismissal in Stewart v. Inland Northwest Orthotics. Plaintiff claimed personal injury against the manufacturer of a prosthetic foot, the company that fitted and sold the prosthesis, and Dave's client, the successor company to the product seller. Dave argued that his client was exempted from liability under the Product Liability Act, and that his client's purchase agreement did not obligate it to assume its liabilities. After seeing the summary judgment motion, plaintiff agreed to dismissal. … After two years of litigation, John W. Schedler and Jenny M. Downey won summary judgment of dismissal of the medical-malpractice action of Krohn v. Evergreen Chiropractic Center, et al.

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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