Too lazy to use your turn signals? Think again...

Posted by Catherine Fleming on May 02, 2012

I admit it. Sometimes I switch lanes without turning on my signal. Why? Well, I look around and ! Drivers & Turn Signals.jpg see that no one is behind me, so why bother. But reading about a new study from the Society of Automotive Engineers (SAE) opened my eyes. Turn signals matter, so keep that habit of using them even if you think no one is around.

As reported by an MSNBC article, neglect in using turn signals accounts for a whopping 2 million accidents each year. That's far worse than the numbers for distracted driving (950K accidents per year). The SEA study indicates that 48$ of drivers either don't ever use their turn signals or fail to turn them off after turning/switching lanes. 

SKWC attorneys represent clients injured or killed as the result of serious car crashes that involve failure to use a turn signal when changing lanes or turning. Save yourself the distinct possibility of getting into an accident. Make it a habit to always use your turn signals and remember to turn them off, after you've used them. 

 

Unsafe Chehalis Bridge Finally To Get New Lights

Posted by Catherine Fleming on April 25, 2012

On December 14, 2006, the Chehalis River Bridge was not safe.  Hicks car.jpg

Its light poles had been ignored for years, left to rust.  Their structural failure in a strong wind was inevitable.  Had bridge inspectors looked, the rusting anchorage and bolts were there to be seen.

The inevitable results of the failure to inspect and to maintain the poles and anchorage were rust and structural deterioration, leaving a dangerously perilous condition for unsuspecting travelers who used the Chehalis River Bridge. 

With 11 days until Christmas, Lacey Hicks drove to the South Shore Mall to buy presents.  The route from Aberdeen includes the Chehalis River Bridge.  As she headed south along the bridge, a huge light pole suddenly smashed through the roof and windshield of her car.  The force was so great that the pole literally stopped her car in its tracks.  She was trapped and badly injured.  Her head had been struck by the pole-driven roof, and she went in and out of consciousness.   The windshield had shattered, and there was glass everywhere.  Her cheek was badly lacerated.  Most importantly, the bridge pole had hit with such force that it broke her cervical spine, leaving her at risk of paralysis.Hicks car in daylight.jpg

Innocent drivers and the occupants of their cars should never be subjected to a hazard of this magnitude.  

Now State Rep. Brian Blake says that he's secured state funding to add more lights to the Chehalis River Bridge. As reported by the Daily World, the Mayor of Aberdeen, Bill Simpson was grateful to Rep. Blake for his persistence in getting the needed funding to make the bridge safer.

After Lacey's tragic incident on that bridge in 2006, the state removed 11 lights on the main bridge as well as three lights on the north side of the bridge. The most obvious lighting issues are on the south side of the bridge.

Lacey Hicks along with her attorneys at SKWC are thrilled that her case against the State and City of Aberdeen has made a difference.

WA Supreme Court Says State Patrol Has Duty to Disclose

Posted by Catherine Fleming on April 12, 2012

The Washington State Patrol (WSP) has a statutory duty to disclose information and to annuallyGendler-Bike-Caught-on-Montlake-Bridge1-300x200.jpg publish statistical information about accidents. This is the Washington State Supreme Court ruling today in a 7-2 decision for Gendler v. Batiste (WSP Chief). Moreover, the WSP cannot demand plaintiff Mickey Gendler to agree that he would not sue them based on any information that they provide to him.

A few years ago, Mickey Gendler was riding his bike on the Montlake Bridge, and got his tire caught on one of the bridge's seams. Because of the cycling accident, Mickey sustained profound spinal injuries and was rendered a quadriplegic. Now, he requires constant assistance at home and cannot work full time.

Mr. Gendler sought information from WSP, when he had learned that other bicyclists were involved in accidents on the Montlake Bridge before. But the WSP conditioned any disclosure of accident reports and related files on Mr. Gendler's promise that he not sue the state with facts obtained from them.  He refused to sign any such form that would waive his right to sue. Mickey stated:

... I also do not want to waive my right as a citizen to have access to these public records to promote my ability to become fully informed about the history of this bridge and about the conduct of [WSP] or agencies responsibles for providing a reasonably safe road. 

Courts below the state Supreme Court had agreed with Gendler. Now finally, the Supreme Court finds that WSP cannot shield its state records from citizens simply because they were shared with the federal government. Rather, the WSP has a statutory duty to share such information when requested.

Justice Mary Fairhurst, writing for the majority, said that WSP could not hide behind claims that its information was inaccessible because it had been "deposited... in a forbidden DOT electronic database." To do so would "fly in the face of our well grounded principle that technology should enhance access to information that is necessary for justice, not create barriers."

SKWC is proud of this victory that our trial lawyers, Keith Kessler and Garth Jones, obtained on behalf of Mickey Gendler and for all those in the future who may seek information under the Public Records Act regarding information from WSP or other governmental agencies.

Man Stabs Grays Harbor County Judge Who Was Defending Deputy

Posted by Catherine Fleming on March 09, 2012

Only a little over 2 miles away from Stritmatter Kessler's Hoquiam office Superior Court Judge Dave Edwards (see photo to rightGrays Harbor Judge Dave Edwards.jpg) was stabbed in the neck when he tried to defend a Sheriff's Deputy Polly Davin.

The courthouse has no metal detectors.

The man, thought to be Michael Thomas, had attacked Davin diving for her .45 caliber gun. Judge Edwards had rushed from another floor to help Davin. Thomas apparently stabbed Edwards with a pair of sharp scissors or knife.

While the suspect has still not been caught, the good news is that both Davin and Edwards were released from the hospital. We wish them a full and speedy recovery.

Drunk Drivers Charged with Vehicular Homicide Will Soon Face Longer Jail Time

Posted by Catherine Fleming on March 05, 2012

 

The Seattle PI recently reported about a bill that the WA State legislature just passed, which will stiffen sentences for defendants charged with DUI and vehicular homicide. 
Drunk drivers kill approximately 250 people every year in Washington, according to King County Prosecutor Dan Satterberg's office.
The state Senate recently joined the House in passing House Bill 2216, which increases the standard prison sentence for the crime of vehicular homicide by DUI.
The bill increases the prison range for a first time offender to six to eight years in prison, the same sentence an individual faces for committing first-degree manslaughter. Currently the prison range is two to three years.
The bill becomes law 90 days from the end of the legislative session.
More support for the bill came after the death of Stephen Lacey, the Google engineer who was killed by a drunken driver last summer on his way to the Kirkland Costco. His killer who pounded his chest at the crash scene, Patrick Rexroat, could be out in less than three years with credit for good behavior.
King County Prosecutor Dan Satterberg had made several attempts to get the vehicular homicide sentences toughened and spoke out several times since Lacey's death saying current laws are too soft on drunks that kill on the road.
Pierce County Prosecutor Mark Lindquist also was a strong supporter of House Bill 2216.
"One of the hardest things any prosecutor has to do," Satterberg said in 2011, "is sit down with a family like I did with Steve Lacey's family last month ... and say, 'Oh by the way, the offender – he'll be out in two years.'"

The Seattle PI recently reported about a bill that the WA State legislature just passed, which wilDUI WA Law.jpgl stiffen sentences for defendants charged with DUI and vehicular homicide. 

Drunk drivers kill approximately 250 people every year in Washington, according to King County Prosecutor Dan Satterberg's office.

The state Senate recently joined the House in passing House Bill 2216, which increases the standard prison sentence for the crime of vehicular homicide by DUI.

The bill increases the prison range for a first time offender to six to eight years in prison, the same sentence an individual faces for committing first-degree manslaughter. Currently the prison range is two to three years.

The bill becomes law 90 days from the end of the legislative session.

More support for the bill came after the death of Stephen Lacey, the Google engineer who was killed by a drunken driver last summer on his way to the Kirkland Costco. His killer who pounded his chest at the crash scene, Patrick Rexroat, could be out in less than three years with credit for good behavior.

King County Prosecutor Dan Satterberg had made several attempts to get the vehicular homicide sentences toughened and spoke out several times since Lacey's death saying current laws are too soft on drunks that kill on the road.

Pierce County Prosecutor Mark Lindquist also was a strong supporter of House Bill 2216.

"One of the hardest things any prosecutor has to do," Satterberg said in 2011, "is sit down with a family like I did with Steve Lacey's family last month ... and say, 'Oh by the way, the offender – he'll be out in two years.'"

SCOTUS Blocks Railroad Injury Claims

Posted by Catherine Fleming on March 02, 2012

The U.S. Supreme Court has rejected a legal theory that would have given asbestos injury attorneys  a new industry to attack with lawsuitsClarence Thomas.jpg.

SCOTUS ruled this past Wednesday in favor of companies involved with the design and manufacture of locomotives and their parts. The estate of the late George Corson, a welder and machinist for a railroad carrier, had sued Railroad Friction Products Corp. and Viad Corp. in Philadelphia, alleging injury from exposure to asbestos in trains and train parts distributed by the companies.

The estate's design-defect and failure-to-warn claims were preempted by the federal Locomotive Inspection Act, the court held in a 6-3 decision authored by Justice Clarence Thomas. The decision was in line with one made by the court 85 years ago in Napier v. Atlantic Coast Line.

"(P)etitioners contend that the LIA's preemptive scope does not extend to state common-law claims, as opposed to state legislation or regulation," Thomas wrote.

"Napier, however, held that the LIA 'occup(ied) the entire field of regulating locomotive equipment' to the exclusion of state regulation. That categorical conclusion admits of no exception for state common-law duties and standards of care."

The decision affirmed a ruling by the U.S. Court of Appeals for the Third Circuit. It had been removed from a state court to Philadelphia federal court. 

Dissenting were justices Sonia Sotomayor, Ruth Bader Ginsburg and Stephen Breyer. Sotomayor's dissenting opinion said that the plaintiffs' claim for failure to warn was not preempted, though it agreed the defective design claim was.

The federal government and the American Association for Justice were among the groups supporting the plaintiffs' lawsuit.

"Because the right to a legal remedy for wrongful injury is a fundamental right under the Constitution, courts may not preempt such a cause of action and leave injured persons without remedy unless Congress specifically intended that result," the AAJ's amicus brief said.

"The mere silence of Congress in a statute not directed at railroads rather than manufacturers falls short."

Complaints against 50 other companies were dismissed. 

NOTE: This blog entry is republished from http://www.asbestoslawblog.com/.

WA Appeals Court Upholds $12.8 Million Award for Injured Firefighter

Posted by Catherine Fleming on February 21, 2012

Firefighter Mark Jones fell 15 feet down the hole in the middle of a night in December 2003. He suffered traumatic brain injuries and a shattered pelvis. Many of his vertebrae were broken as were nearly all of his right ribs.

In 2010, a verdict awarded Jones almost $13 million for his disabilities, along with pain and suffering. 

As the Seattle Times reported, today the City of Seattle appealed, saying among other things that it should have been allowed to present evidence at trial of Jones' prior alcohol use, even though he had not been drinking the night of the fall. An expert for the city speculated that Jones could have been disoriented by alcohol withdrawal symptoms, but the appeals court found that the trial judge was correct to bar that testimony from the trial.

The city's insurer secretly videotaped Jones allegedly dancing and chopping wood. Even had Jones been doing such things, the sad truth is that even disabled people can occasionally dance and chop wood. While virtually $13 million seems like a significant amount, constant medical treatment and daily living assistance can quickly add up over the course of several decads. Jones is now in his late 40's.

Think About This the Next Time You Look at a Wine Bottle

Posted by Catherine Fleming on January 30, 2012

SKWC attorney, Ray Kahler, recently wrote an article for Trial News. In brief, Ray discusses the Safer Bottle Production Required.jpgimportance of adopting safer requirements by bottle producers in this country. We should look at the requirements now imposed in Europe. If such safety requirements had been in place, an SKWC client would have avoided serious injury while working with an unguarded bottle making machine.

Read the article for yourself (Product liability article for Trial News 2011.pdf) and find out how unsafe conditions remain for those who work in bottle manufacturing plants.

Super Lawyer's National Blog Spotlights Karen Koehler & Her Blog

Posted by Catherine Fleming on January 19, 2012

SKWC's very own Karen Koehler continues to gain recognition far and wide for her unique brand!K3s hands typing.jpg of blogging. Super Lawyers' national blog just posted an entry that includes an excerpt of its interview of Karen.

You don't have to be a super blogger to be on the Super Lawyers listing, but apparently it doesn't hurt. SL listees are well-represented on the American Bar Association Journal's annual list of its Top 100 favorite legal blogs. The rankings include a number of attorneys from our Washington state SL listing alone.
Karen Koehler, a plaintiff's personal injury lawyer with Stritmatter Kessler Whelan Coluccio in Seattle, has been writing "The Velvet Hammer" (the nickname given to her by colleagues on the defense side) for about 1 ½ years.
"Deep in my heart, I am Pollyanna," says Koehler, whose blog offers trial tips, anecdotes and inspiration. "The public perception of trial lawyers is horrid," she says. "[My blog] is my fist raised high saying, 'Hey, we are real people, too.'
"It doesn't follow the mold of the typical boring, holier-than-thou lawyer blog. It is written for the audience: They will laugh at this. ... They will be surprised by this. ... This will help them. And it displays my vulnerability as a human being. ... The overwhelmingly positive response from both lawyers and nonlawyers tickles me silly."

You don't have to be a super blogger to be on the Super Lawyers listing, but apparently it doesn't hurt. SL listees are well-represented on the American Bar Association Journal's annual list of its Top 100 favorite legal blogs. The rankings include a number of attorneys from our Washington state SL listing alone.

Karen Koehler, a plaintiff's personal injury lawyer with Stritmatter Kessler Whelan Coluccio in Seattle, has been writing "The Velvet Hammer" (the nickname given to her by colleagues on the defense side) for about 1 ½ years.

"Deep in my heart, I am Pollyanna," says Koehler, whose blog offers trial tips, anecdotes and inspiration. "The public perception of trial lawyers is horrid," she says. "[My blog] is my fist raised high saying, 'Hey, we are real people, too.'

"It doesn't follow the mold of the typical boring, holier-than-thou lawyer blog. It is written for the audience: They will laugh at this. ... They will be surprised by this. ... This will help them. And it displays my vulnerability as a human being. ... The overwhelmingly positive response from both lawyers and nonlawyers tickles me silly."

If you've not already, check out Karen's Velvet Hammer Blog. It's addictive. 

Parents of 2 Year Old Who Died from Tylenol Sue Johnson & Johnson

Posted by Catherine Fleming on January 13, 2012

On July 22, 2010, Daniel and Katy Moore of Ellensburg, Wash., say they gave their 2-year-old son,!Childrens Tylenol.jpg River Moore, Very Berry Strawberry flavored Children’s Tylenol for a slight fever that night. About 30 minutes later, River began spitting up blood.

Now, Johnson & Johnson faces a lawsuit by the Moores, who had taken the defective Children's Tylenol from a batch that had been previously recalled.

The lawsuit was filed last Friday in Philadelphia’s Court of Common Pleas, accusing Johnson & Johnson of reckless, negligence, breach of warranty, infliction of emotional distress, conspiracy and other offenses, reports the Washington Post.

The next day, after being rushed to the hospital the night before, doctors pronounced River dead from liver failure. 

The medicine reportedly contained excessive acetaminophen, which damaged his liver and led to his death.

CEO William Weldon, three J&J subsidiaries, former consumer health business head Colleen Goggins and other company executives and board members, along with retailers and distributors who handled the product were also named in the lawsuit with Johnson & Johnson. The defendants have been accused of “willful and reckless conduct which needlessly caused the death of (the boy) simply to preserve the continuation of their billion-dollar revenue streams of pediatric medicines.

The Moores' story is tragic. They are brave in their fight to bring justice, after the untimely and senseless loss of their little boy.

If you have a little one, gain a little peace of mind by ensuring that you're not administering too high of a dose. Try a dosage calculator and consider alternatives after consulting with your child's physician.