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Colwell v. Holy Family Hospital
Registered nurse is not competent witness as to cause of death of patient in medical malpractice action.
Torts May 10, 2001
Bear Medicine v. United States
Discretionary function exception does not shield government from liability under Federal Tort Claims Act.
Torts May 9, 2001
Allen v. Wal-Mart Stores, Inc.
Res Ipsa Loquitur doctrine doesn't apply where jury could reasonably infer injury was caused by either defendant's or plaintiff's negligence.
Torts May 9, 2001
Meneely v. S. R. Smith Inc.
Trade association holding itself out as entity setting industry standards for pools and related equipment owes duty of care to product users.
Torts May 9, 2001
Stenger v. State of Washington
State agency had no duty to place violent child in restrictive educational environment.
Torts May 9, 2001
Keller v. City of Spokane
Jury instructions should have clearly identified city's duty to maintain roadway in reasonably safe condition.
Torts May 9, 2001
Kelley v. State of Washington, Department of Corrections
When conduct of community corrections officer doesn't amount to gross negligence, Department of Corrections is not liable.
Torts May 9, 2001
Kelly v. United States
Forest Service decision not to require contract pilots to have crew resource management training falls within immunity from tort liability.
Torts May 8, 2001
Botka v. Estate of Hoerr
Statements that health care provided lacked authority to enter home unannounced waive deadman's statute.
Torts May 7, 2001
Welch v. George
Claim under Colorado's No-Fault Insurance Act must establish that injured spouse suffered damages serious enough to meet Act's threshold requirements.
Torts May 7, 2001
Sheron v. Lutheran Medical Center
Jury instruction to apportion fault not required when nonparty not designated.
Torts May 6, 2001
Holbrook Inc. v. Link-Belt Construction Equipment Co.
Products liability suit involving defective log loader is barred by statute of limitations.
Torts May 6, 2001
Lewis v. Krussel
Landowner who knows that trees of certain species have fallen does not have duty to remove healthy trees of same species.
Torts May 4, 2001
Shellenbarger v. Brigman
Failure to inform patient of early signs of lung disease establishes breach of duty and proximate cause in medical malpractice action.
Torts May 2, 2001
Williams v. Thurston County
Plaintiff must establish special relationship exception to public duty doctrine to pursue negligence action against county.
Torts May 2, 2001
Rose v. Fritz
Plaintiff in wrongful death action who was not appointed as personal representative must show excusable neglect to overturn final judgment.
Torts May 2, 2001
Templeton v. Daffern
Social host who permits minor to consume on host's premises alcohol obtained elsewhere doesn't own minor common law duty of reasonable care.
Torts May 1, 2001
Butko v. Stewart Title Co. of Washington Inc.
Summary judgment improper where factual issues exist with respect to conversion claims on real estate loans and transactions.
Torts May 1, 2001
Fehribach v. Smith
Summary judgment was improper where allocation of liability between owner and receiver of property should have been decided by jury.
Torts May 1, 2001
Comedy III Productions Inc. v. Gary Saderup Inc.
Using deceased celebrity's image without consent, for the sole purpose of making money, is not protected speech.
Torts May 1, 2001
Hendrickson v. King County
No reversible error when trial court excludes evidence because party fails to file notice of intention to admit the documents into evidence.
Torts May 1, 2001
Babcock v. Mason Co. Fire Dist. No. 6
Claim against fire district fails when complainants do not demonstrate that they have a special relationship between district.
Torts May 1, 2001
Guijosa v. Wal-Mart Stores Inc.
For purposes of detaining shoplifting suspect, reasonable time includes time to permit investigation by store security and police.
Torts May 1, 2001
Consulting Overseas Management Ltd. v. Shtikel
Corporate officers are not personally liable for repaying loan that could not be used for its original purpose.
Torts Apr. 30, 2001
Breedlove v. Stout
Employer is not liable for employee's car accident while returning to workplace to retrieve educational manual.
Torts Apr. 29, 2001
Plano v. City of Renton
Park that charges fee for patrons to moor their boats overnight cannot claim immunity under recreational use statute.
Torts Apr. 27, 2001
Kamla v. The Space Needle Corp.
Space Needle is not liable for injury of independent contractor where it did not control any portion of his work.
Torts Apr. 27, 2001
Esparza v. Skyreach Equipment Inc.
Manlift manufacturer may be liable for painter's injury because it failed to warn of tipover danger.
Torts Apr. 23, 2001
Nelson v. Schubert
Where there is no actual proof of death, wrongful death action does not ripen until death is established by way of presumption.
Torts Apr. 23, 2001
Rodriguez v. Badgley
Parents have statutory cause of action against law enforcement for negligent investigation into alleged child 'sex ring.'
Torts Apr. 23, 2001