Washington Personal Injury Case Law

Please find, below, selected case laws decided by Supreme Court of Washington or Court of Appeals of Washington where the terms personal injury or related terms have been mentioned. These cases are not necessarily personal injury and may include cases where the facts or court decision merely mentions personal injury related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.

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McKee v. Martin - 12/13/2005
In this personal injury action, Ulysses Martin appeals the trial court's summary judgment ruling that he is collaterally estopped from presenting evidence to show that he did not disobey a traffic control device in violation of RCW...

Fredrickson v. Bertolino's Tacoma - 12/13/2005
Alan Fredrickson appeals a summary judgment dismissing his personal injury claim against Bertolino's coffee shop. Fredrickson alleges that he was injured when a chair he sat in at Bertolino's broke. The trial court granted summary...

Christensen v. Royal School District No. 160 - 12/8/2005
Concurring: Faith Ireland, Bobbe J Bridge, Charles W. Johnson, Susan Owens, Tom Chambers, Mary Fairhurst Dissenting: Barbara A. Madsen, Richard B. Sanders En Banc The United States District Court for the...

Garibay v. State - 12/6/2005
Julie Garibay sued the State of Washington, Department of Labor and Industries, for wrongful death. She claimed the Department had negligently enforced safety regulations resulting in her husband's death. The court granted summary...

Meas v. State Farm Fire and Casualty Co. - 11/22/2005
Sarith Meas appeals the trial court's entry of summary judgment against him. Meas was injured in a motor vehicle accident by a third party and received collision damages under his insurance policy with State Farm Fire and Casualty...

McMickle v. Lawson - 11/22/2005
Having obtained findings under CR 54(b), plaintiffs Willard and Geraldine McMickle appeal an order that summarily dismissed their contract claims based on the lack of any contract and their tort claims for property damage based on...

Schliep v. Providence Yakima Medical Center - 11/15/2005
The plaintiffs here appeal from an adverse jury verdict in their medical malpractice suit. They assign error to a number of the judge's rulings and her failure to instruct. But we conclude that all of these rulings easily fall within...

Christensen v. Atlantic Richfield Co. - 11/15/2005
Eric Christensen and others with property damage and personal injury claims against Atlantic Richfield Company (ARCO) appeal the trial court's denial of their motion to transfer their individual claims to arbitration under chapter...

Laplante v. Laplante - 11/14/2005
Raymond LaPlante appeals from an order setting his former wife's child support obligation at $100 per month, arguing that under RCW 26.19.071, the trial court should have imputed income to Cathy LaPlante at the median income rate set...

Pereira v. Cocoa Investments - 11/14/2005
Eduardo Pereira and others used an appliance dolly rented from Eastside Car and Truck Rentals to move an old bathtub. After the tub fell and injured his hand, Pereira sued the rental company for damages. The trial court dismissed...

Wright v. Jerry Fulks & Co. - 10/31/2005
This is a complex condominium construction defect case. Arlene A. Wright sued her contractor, Jerry Fulks & Company, Inc., (Fulks) and the condominium association for breach of contract, negligence, breach of fiduciary duty, bad...

Gray v. Ford Motor Co. - 10/31/2005
Plaintiffs asserting products liability claims based on a fatal rollover accident involving a 1997 Ford Expedition appeal the order of dismissal entered following a defense verdict. They allege that the trial court misapplied the law...

Monohon v. Antilla - 10/25/2005
Raymond Michael Monohon, II appeals from a judgment that Liisa Antilla was not negligent for his injuries when he fell through a deck while visiting a tenant in a building Antilla owned. We hold that the trial court should have given...

Ramey v. Knorr - 10/17/2005
JUDGES: Concurring: H Joseph Coleman Marlin Appelwick UNPUBLISHED Insanity and other mental incapacities are not generally recognized as defenses to a claim of negligence. Some jurisdictions permit a limited exception to...

Molvik v. Bihler - 10/10/2005
JUDGES: Concurring: H Joseph Coleman Marlin Appelwick UNPUBLISHED At issue in this personal injury action that arises out of a two-car collision is whether excessive speed is the sole genuine issue of material fact. Because...

State v. Brightman - 10/6/2005
JUSTICES Concurring: James Johnson Barbara A. Madsen Charles W. Johnson Gerry L Alexander Richard B. Sanders Susan Owens Tom Chambers Mary Fairhurst EN BANC Nathan Brightman seeks reversal of his conviction for the second...

Winchel v. Paton - 10/4/2005
Danelle Winchel sued Polly Paton for personal injuries allegedly caused by a low-speed automobile collision. Though the jury determined that Ms. Paton was negligent, it did not find that the negligence caused Ms. Winchel's injuries....

State v. Cunningham - 9/27/2005
Cory Dale Cunningham appeals his conviction for second degree manslaughter. Primarily, he argues that the evidence was insufficient to disprove self-defense. We affirm. Cunningham had a friend named Richelle Nichols. She and...

Morris v. Vaagen Bros. Lumber - 9/27/2005
JUDGES: Concurring: Dennis J. Sweeney Kenneth H. Kato PUBLISHED OPINION - Opinion ordered published November 17, 2005 Global International PTE, Ltd. (Global), purchased the components of a sawmill from Vaagen Bros. Lumber,...

Bailey v. Allderdice - 9/26/2005
A loss of consortium claim does not arise when the injury to the spouse that causes the loss occurs before marriage. That rule is subject to a limited exception that has no application here. Because Marilyn Wallin-Bailey fails to...

Callfas v. Dep't of Construction and Land Use - 9/16/2005
The Callfases submitted an application for a Master Use Permit (MUP) to the City of Seattle's Department of Construction and Land Use (DCLU) on June 24, 1999. There were several changes in the DCLU planners assigned to the...

In re Parentage of J.M.K. - 9/15/2005
Concurring: James Johnson, Bobbe J Bridge, Charles W. Johnson, Gerry L Alexander Richard B. Sanders, Susan Owens, Tom Chambers, Mary Fairhurst En Banc Petitioner Teresa Brock challenges the Court of Appeals' decision...

Talmadge v. OneBeacon America Insurance - 9/13/2005
Susan Talmadge appeals a summary judgment order denying her coverage under her OneBeacon America Insurance policy for injuries she sustained in an auto accident. The trial court ruled that OneBeacon had properly canceled the policy...

Lewis v. Combined Transport - 9/13/2005
Fred and Nancy Lewis (Lewis) appeal the dismissal of their personal injury action against Combined Transport, Inc. and its employee, Greg Johnson. The trial court dismissed Lewis's action with prejudice on grounds that the suit was...

In re Estate of Franz - 9/12/2005
Alex Bremmeyer deliberately shot and killed Patrick Franz and injured Mikeal Hendrix. Patrick's estate, his parents, and Hendrix (collectively, Franz) filed a civil lawsuit against Alex, his brother Andrew Bremmeyer, and five other...

Coppernoll v. Reed - 9/8/2005
Concurring: Barbara A. Madsen, Bobbe J Bridge, Charles W. Johnson, Gerry L Alexander, Richard B. Sanders, Susan Owens, Tom Chambers, Mary Fairhurst En Banc Petitioners seek reversal of a King County Superior Court order...

State v. Eggleston - 8/31/2005
Brian Eggleston appeals his convictions of second degree murder and first degree assault following shootings that occurred during the execution of a search warrant at his residence on October 16, 1995. We affirm the convictions but...

Burr v. Pemco Mutual Insurance Co. - 8/29/2005
Ruth Burr's mother, Sheila Greytak, was run down and killed as she attempted to cross a street near her house. She was in a crosswalk, and the driver admitted liability. The driver's insurer paid its policy limits of $100,000 to the...

Dalton v. State - 8/25/2005
In this appeal, the appellants vigorously dispute the trial court's findings and, accordingly, ask us to reverse its order granting the respondents' CR 60(b) motion for relief from judgment. The trial court chose to believe a...

Werlinger v. Clarendon National Insurance Co. - 8/22/2005
JUDGES Concurring: Anne Ellington Ann Schindler PUBLISHED OPINION - Opinion ordered published October 4, 2005 Dean Werlinger died at the scene of a vehicle accident caused by Michael Warner. The Werlinger estate sued Warner...

State v. Hayward - 8/22/2005
Diana Hayward was charged as a juvenile and the juvenile court extended its jurisdiction beyond the date of her fact-finding hearing. But before her fact-finding hearing took place, Hayward turned 18 and was treated as an adult in a...

Gorman v. Garlock - 8/18/2005
Concurring: James Johnson, Barbara A. Madsen, Bobbe J Bridge, Charles W. Johnson, Richard B. Sanders, Susan Owens, Tom Chambers, Mary Fairhurst En Banc Donald Gorman worked in the Washington shipyards of Lockheed...

Wilcox v. Lexington Eye Institute - 8/15/2005
JUDGES Concurring: Faye Kennedy Susan Agid PUBLISHED IN PART Kathy Wilcox and Brodie Smith went to Canada for laser assisted in situ keratomileusis (LASIK) eye surgery. Wilcox and Smith filed a lawsuit in King County...

State v. Slert - 8/9/2005
A jury convicted Kenneth L. Slert of second degree murder with a firearm. Slert argues that he should receive a new trial because (1) the trial court erred when it did not give a jury instruction for justifiable homicide in...

Gutz v. Johnson - 8/9/2005
Stanley Johnson and the marital community appeal the trial court's denial of their motion to vacate a default order and judgment in favor of Desiree and Sharon Gutz for injuries allegedly caused by an automobile collision. The...

Heritage at Deer Creek Associates - 8/8/2005
Heritage at Deer Creek Associates (Heritage) and Kirtley-Cole Associates (Kirtley-Cole) are parties to a construction contract that includes an indemnity agreement. The parties dispute whether the indemnity agreement requires...

Nyman v. B & B Quality Homes - 8/2/2005
Believing the parties settled their faulty construction/product liability dispute, B&B Quality Homes, LLC filed a motion to enforce the parties' settlement. The court denied its motion because the parties decided to continue...

Brewer v. Monqui - 7/25/2005
JUDGES: Concurring: Marlin Appelwick William Baker UNPUBLISHED The dispositive issue in this personal injury action for purposes of the summary judgment order of dismissal before us for review is whether Monqui, Inc....

State v. Peterson - 7/25/2005
A jury rejected David Grant Peterson's claim that he shot Harris Prater in self-defense. We conclude that the evidence was sufficient to support the State's burden of proving the absence of self-defense and that the deputy prosecutor...

Grennan v. Crowley Marine Services - 7/25/2005
JUDGES Concurring: Mary Kay Becker William Baker PUBLISHED IN PART The Longshoreman and Harbor Worker's Compensation Act (LHWCA) was enacted to create a uniform system to compensate longshoremen and harbor workers for...

Progressive West Insurance Co. v. Bateman - 7/25/2005
Marjorie Bateman submitted an underinsured motorist (UIM) claim to her insurance company, Progressive West, after she injured herself getting out of her car on the shoulder of the freeway following a collision caused by Roger...

Lichenstein v. Wagner - 7/20/2005
Lynette Lichenstein appeals the trial court's summary judgment dismissal of her claim for damages against the landlords and property managers of rental property whose tenants owned a wolf-dog hybrid that attacked and injured her. She...

Larue v. Harris - 7/19/2005
In this personal injury action brought by Stephanie LaRue against the Estate of Corrine Harris, the Estate argues that LaRue's amended complaint does not relate back to her original complaint and thus that she did not commence the...

Pearson v. Adair Homes - 7/19/2005
Adair Homes, Inc. appeals from a trial court ruling denying its motion to compel arbitration under a construction contract entered with Daniel and Tammy Pearson. We affirm. FACTS The Pearsons executed an agreement with...

Boag v. Farmers Insurance Company of Washington - 7/7/2005
Kathleen Boag settled a claim against an underinsured motorist for his insurance policy limits. She also sought personal injury protection (PIP) and underinsured motorist (UIM) benefits from her insurer, Farmers Insurance Company of...

Zenaida-Garcia v. Recovery Systems Technology - 7/5/2005
This case presents a single choice of law issue. Oregon resident Gregorio Garcia-Munoz died in an industrial accident in Portland, allegedly because of a defective machine manufactured in Washington. We hold that under the...

Griffin v. Westfall - 7/5/2005
JUDGES: Concurring: Anne Ellington C. Kenneth Grosse UNPUBLISHED Under this state's contribution statutes and case law, settlement of a personal injury action with a solvent agent releases that agent's vicariously liable...

Nieshe v. Concrete School District - 7/5/2005
We are asked to decide whether the superior court erred by sustaining a jury verdict in favor of Jennifer Nieshe on a 42 U.S.C. sec. 1983 claim, under which she argued that the Concrete School District denied her due process when it...

McCord v. Smith - 7/5/2005
Allan and Sally McCord and Vahne and Irwin Dierking appeal the denial of their motion to vacate an order dismissing their personal injury action against Vernon Smith. Because the appellants fail to show an abuse of discretion, we...

Rufer v. Abbott Laboratories - 6/30/2005
JUSTICES: Concurring: James Johnson Charles W. Johnson Gerry L Alexander Richard B. Sanders Susan Owens Tom Chambers Dissenting: Barbara A. Madsen Bobbe J Bridge EN BANC Jennifer and David Rufer sued the University of...

State v. Siddiq - 6/27/2005
In the midst of a fight, Abdul Siddiq shot another man and in the process wounded two bystanders. A jury convicted him of manslaughter and also of second-degree assault for the two unintended victims. Because the second-degree...

Nachiem v. State - 6/27/2005
The Department of Social and Health Services demoted employee Linda Nachiem, a nurse at Fircrest School, for substandard performance in caring for patients. In this lawsuit, Nachiem claims the real reason the Department demoted her...

Coblentz v. Rorem - 6/14/2005
Attorney John Rorem appeals a judgment in favor of his client, Dora Coblentz, for the amount of a promissory note Rorem gave Coblentz as a fee refund. Rorem argues that the note was not supported by consideration because we held in...

Conway v. Blackburn - 6/13/2005
Janice Conway had a breast reduction surgery performed by plastic surgeon James Blackburn II. The surgery did not have good results. Conway sued Blackburn, alleging medical malpractice and failure to adequately inform of the risks of...

Woo v. Fireman's Fund Insurance Comp - 6/13/2005
While his patient, also an employee, was under anesthesia for a dental procedure, a dentist played a practical joke by putting false teeth shaped like boar tusks into her mouth and taking pictures. After his insurer declined to...

Bostwick v. Ballard Marine - 5/31/2005
JUDGES Concurring: Marlin Appelwick William Baker PUBLISHED At issue in this lawsuit is whether Ballard Marine, Inc. was 'in the business of leasing' for purposes of the Washington Products Liability Act (WPLA) at the time...

Cornelio v. Premier Pacific Seafoods - 5/23/2005
Twenty-three crewmembers of the Ocean Phoenix sued their former employer, Premier Pacific Seafoods, Inc., after they were discharged for refusing to work 16-hour shifts instead of the customary 16 hour shifts. The crewmembers alleged...

Lam v. Global Medical Systems - 5/23/2005
Cuong Dang was a seaman employed on a fishing trawler. While the vessel was in the Bering Sea, Dang became ill. Ships' officers consulted physicians in Seattle for medical advice. Dang died aboard the trawler, and his widow brought...

DeAtley v. Barnett - 5/17/2005
This is a contract dispute to enforce a first right of refusal brought by Alan and Debra DeAtley against developers Lynn and Marlene Barnett and the Barnetts' partnership, Lookout Point Partners (the Barnetts unless otherwise...

Olea v. Swedish Medical Center - 5/16/2005
Kevin Olea was born with cerebral palsy. Kevin and his parents (collectively 'Olea') sued Swedish Medical Center and several doctors involved in the labor and delivery. The case proceeded to trial before a jury, and the jury found in...

Thomas v. Metals Express - 5/10/2005
Metals Express, Inc. and Larry Amell, defendants in a personal injury action brought by Fannie Thomas, appeal the trial court's summary judgment order dismissing co-defendant Michael Stanley. They argue that dismissal was...

Arnzen v. Boulton - 5/10/2005
A complaint is properly filed with the court when it is tendered to the clerk's office with the appropriate filing fee, not when the fee is finally 'processed' by the clerk's office. The trial judge here dismissed this personal...

Otzenberger v. Park-Hwang - 5/10/2005
In this medical malpractice case, Dr. Esther Park-Hwang, Dr. Judy Ungerleider, and Multicare Health System (collectively, Park-Hwang) appeal a trial court order granting Kirsten and Daniel Otzenberger's motion for a new trial...

Ojo v. Swedish Health Services - 5/9/2005
In this medical malpractice litigation, the plaintiff learned shortly before trial that his primary expert witness could not testify because of a conflict of interest. The superior court excluded the testimony of the plaintiff's sole...

Karch v. King County - 5/2/2005
Jonah Karch appeals the final judgment entered against him in his action against King County. Karch sued the county after he was injured while dumping garbage at a solid waste transfer facility. He contends the trial court erred by...

Conner v. Department of Labor and Industries of the State of Washington - 5/2/2005
Schelie Conner appeals the Department of Labor & Industries' Notice of Decision terminating her time-loss compensation. The order stated in part that Conner's cerebral palsy had prevented complete recovery from her injury. Conner...

Bundrick v. Stewart - 5/2/2005
Concurring: C. Kenneth Grosse, Mary Kay Becker PUBLISHED OPINION - Motion to Publish Granted June 22, 2005 When a patient consents to treatment but wishes to limit the individuals authorized to participate in her care,...

Quadrant Corporation v. American States Insurance Company - 4/28/2005
Concurring: Barbara A. Madsen, Gerry L Alexander, Susan Owens, Mary Fairhurst Dissenting: Faith Ireland, Charles W. Johnson, Richard B. Sanders, Tom Chambers EN BANC A tenant in an apartment building was...

Guillen v. Pierce County - 4/27/2005
The Guillens brought two identical suits against Pierce County, voluntarily dismissed both under CR 41(a)(1)(B), and refiled the same suit a third time. Pierce County appeals the trial court's denial of its CR 12(b)(1) motion to...

Ardesson v. Atlantic Richfield Co. - 4/26/2005
Appellants, Adeline Ardesson, Donovan Esser, Danielle Esser, Mark Flynn, Lowell Koerner, Emmalee Koerner, Jonathan Cobb, James Cobb-Koerner, Joyce Lande, Kevin Martin, Julianna Martin, Michael Martin, and Brittany Martin, appeal from...

Eng v. Klein - 4/25/2005
It is the scope of a witness's knowledge and not artificial classification by professional title that governs the threshold question of admissibility of expert medical testimony in a malpractice case. A practitioner of one school of...

Rodriguez v. James-Jackson - 4/25/2005
The requirements of the statute governing service of process by publication or mail are twofold: (1) following reasonably diligent efforts to personally serve the defendant by exhausting all information readily available, the...

Wilbanks v. Ombrellaro - 4/19/2005
This is an appeal from the dismissal of a tenant's personal injury suit against her landlord. An improperly installed return air duct allowed insulation dust to flow into living areas. But when the landlord learned of the problem he...

Smith v. Arnold - 4/19/2005
Beverly and Marvin Arnold appeal the superior court's order denying their motion to vacate an order of default in the personal injury suit against them. The Arnolds did not receive notice of the motion for an entry of default because...

Garrett v. Morgan - 4/19/2005
JUDGES: Concurring: Christine Quinn-Brintnall, J Dean Morgan PUBLISHED OPINION - Motion to Publish Granted May 10, 2005 Russell Garrett, as Trustee of the bankrupt estates of Rebecca and Thomas Davis, appeals from a trial...

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