Seattle Injury Blog

Two long running civil rights lawsuits have reached a tentative settlement. The suits were brought by Latino-owned day-care centers in Mattawa, in Eastern Washington, against the state Department of Social and Health Services over unauthorized searches and seizures of property.

A federal judge must approve the settlements, but if approved, nine plaintiffs in one case would receive $45,000 each. The suit results would also require the state to revise its manual on handling home child-care inspections and notify all 7,000 day-care centers in the state of the changes. Columbia Legal Services, which represents the day-care owners, would receive $350,000 in fees.

Approximately $1.7 million is the tentative settlement in the other case. But according to DSHS, the split between the 21 plaintiffs and their private Seattle attorneys hasn't been determined.

"We think this is a reasonable solution," said Steve Williams, DSHS spokesman.

According to YakimaHerald.com, “Columbia Legal Services in Wenatchee in 2005 won class-action status on behalf of about 4,000 day-care providers in Washington and a subclass status for all non-English speaking day-care providers in the state. They sought systemic changes within DSHS and unspecified monetary compensation for the nine Mattawa day-care providers.”

Continue reading "DSHS and day-care centers reach deal over suits" »

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A man who was just released from a Massachusetts prison killed Beverly and Brian Mauck. Daniel Tavares had been let out after serving time for killing his mother. Now Beverly’s mother says she owes it to her murdered daughter and son-in-law to change the state law.

Beverly's mother, Karen Slater, says she feels helpless trying to hold that prison accountable for releasing Tavares. She wants to file a wrongful death lawsuit against the prison but can't do so under the state law. According to the Mauck family, Tavares should have been held in prison longer. He apparently had a history of attacking prison guards and making threats against then-Gov. Mitt Romney.

"Even though there's criminal action, conviction and sentencing occurred, the ability to seek civil action is not allowed," said Rep. Timm Ormsby, R-Spokane.

Continue reading "Justice sought by mother in daughter's murder" »

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$85,000 has been paid by Snohomish County to a former court worker after she agreed not to file a civil lawsuit alleging that her demotion was retaliation for cooperation with a 2005 state investigation of a judge.

Sherree Marler, who had worked for that court for 26 years, filed a claim against the county, saying that her employment was "terminated" without notice in retaliation for her testimony before the state Judicial Conduct Commission. A lawsuit was prepared, but she continued to negotiate with the county and didn't file it, according to her lawyer, Jean Huffington of Seattle.

And agreement was reached by Marler and the county in November, and the county paid Marler the money last month, Huffington said.

Snohomish County deputy prosecutor Steven Bladek said that any claim can be a risk to an employer.

"It was determined, as a business decision, this is the best course of action for the county," Bladek said.

Continue reading "Former court worker paid by Snohomish County to settle lawsuit" »

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Drunk drivers in Washington State may soon have their own fluorescent yellow license plate.

Republican state senator Mike Carrell is sponsoring a bill that would require a person convicted of DUI to drive a vehicle with front and rear fluorescent yellow license plates.

The same thing was required in Ohio four years ago.

"I believe shame will keep people from doing it. Looking at somebody who is driving around with a fluorescent yellow license plate should be a good reason for others to decide 'I don't want to have my neighbors knowing that I'm a drunk,'" said Carrell.

Under the proposal, if someone is a convicted DUI offender and they’re caught driving without the special license plate, they could be charged with a Washington misdemeanor.

Continue reading "Yellow license plate would be required for DUI drivers, under proposed WA bill " »

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For the third time, the Oregon Supreme Court has allowed a $79.5 million punitive-damages judgment against Philip Morris. This award was twice struck down by the U.S. Supreme Court, which suggested it was excessive.

Jesse Williams was a longtime Malboro smoker. The money was for his family. Jesse, who started smoking during the Army in the 1950s, died of lung cancer in 1997.

According to www.Seattletimes.com, the Oregon court's decision this week did not contest the U.S. Supreme Court's latest ruling. This ruling said that when juries assess punitive damages, they can punish a defendant only for the harm done to the people suing. But the Oregon court said that a judge’s decision not to allow the jury instructions proposed by Philip Morris at the trial was correct. The instructions were regarding punitive damages, and have been in the middle of the legal battle over the suit brought by Williams' widow. The award was made by a Portland jury in 1999.

Continue reading "Smoker’s award upheld by court " »

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All first-time drunken-driving offenders must install an alcohol-detecting interlock device in their cars in order to can get their licenses back, under Washington State Auto law.

But, State Rep. Roger Goodman, D-Kirkland, wants to change that laws, because offenders often drive illegally for months or even a year or more without a valid license or the device, and that goes into effect only when drunken-driving offenders reapply for licenses.

He has proposed a bill in the Legislature that would create a "provisional" license that would have the locks installed soon after someone is arrested.

Goodman says that while 25% of drunken drivers get their licenses suspended, 75 percent drive anyway and many never get caught.

This bill is modeled after a law in New Mexico. "We want to create this new driver's license that allows them to drive only if you put an interlock on your car," Goodman said.

The ignition-interlock bill is a major drunken-driving proposal before the Legislature this year. But it is not the only one. The other, which is more controversial, is a bill sponsored by Rep. Patricia Lantz, D-Gig Harbor, and endorsed by Gov. Christine Gregoire. It would authorize police to set up sobriety spot checks. This is a practice that hasn’t been seen in Washington since it was declared unconstitutional by the Supreme Court in 1988.

Continue reading "Two bills related to drunken driving set to be presented today" »

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Blocked vision and dark outfits are not the only dangers to be concerned about when choosing a Halloween costume for you or your child. Just as there are toys which have recently been recalled for toxic dangers, Halloween costumes are proving to be a potential hazard as well.

According to a report on www.king5.com , Halloween items that were purchased from a variety of outlets, including Fred Meyer, Halloween Express, and Value Village, were taken to the Washington Toxics Coalition, which uses an X-ray gun to detect toxins. Lead was found right away.

In one costume made by Fun World which contained a medallion to be worn around a child’s neck, 121 parts-per-million of lead was detected. Lead was also found in “Little Brat” party favors, skull bracelet, and pirate sword. Some of the chemicals found in items are associated with toxins like Phthalates that are linked to male reproductive and asthma problems. Erika Schreder, of the Washington Toxics Coalition stated, “I would personally be concerned about a child wearing a PVC mask that they would be getting exposed to phthalates.”

Continue reading "Halloween Costumes Can “Mask” Toxic Dangers" »

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The Washington State Supreme Court made a controversial decision last month when they upheld a Clark County Superior Court ruling that granted the defendants motion to dismiss in Atchison v. Great Western Malting Company. The court decided that Kaela Atchison, 21, could not file suit for a wrongful death that occurred when she was 15 because the statute of limitations had expired. Atchison, a minor at the time of her father’s death, was unable to file the wrongful death lawsuit until she turned 18. The defendant argued that Atchison needed to file her suit before June 2003. Atchison argued that since she was a minor, the minority tolled (delayed) the statute of limitations. Therefore, the three year statute of limitations would not have begun until she turned 18. The Washington State Supreme Court ruled that that statute grants only a personal representative the right to sue for wrongful death and that minor’s cannot perform that role. Justice Bobbe J. Bridge wrote, “Kaela could not have been a person entitled to bring the wrongful death action when the action accrued, thus, the statute of limitations did not toll during her minority.”

Article Source: http://www.legalnewsline.com/news/200242-wash.-sc-limitations-clock-still-ticks-for-minor-beneficiaries

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Between August 10th and 29th, drivers in western Washington will face one of the worst traffic headaches in the state’s history. Beginning Friday night, I-5 northbound between Spokane Street and the I-90 exit will be reduced to two or three lanes for construction. The lanes on I-5 will narrow to 10 feet wide and there will be no HOV or shoulder lanes. With the closures, officials are expecting traffic congestion that will affect Seattle and all surrounding regions. Here are some suggestions to help you avoid the backups:

• Drive on roads west of I-5. Many northbound roads, including Airport Way South, First Avenue South, Fourth Avenue South, Highway 99, and East Marginal Way South will have their stoplights retimed to make green lights longer along northbound routes. Other measures will also be taken by police and the Coast Guard to help the congestion.

•Use van pools. Van pools registered with transit agencies will have a special rate for the month of August. An eight person van will cost each rider $45, much cheaper then the normal rate of $81.50. Metro provides the van, gas, maintenance, and the insurance. These vans can also use the designated bus and truck lanes on streets like Airport Way South. For more info, visit http://transit.metrokc.gov/tops/van-car/vanpool.html or call 206-625-4500.

Continue reading "Tips to Survive the I-5 Lane Closures" »

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The Interstate 35W Bridge unexpectedly collapsed during the evening commute August 1st. The eight lane bridge, a major artery of Minneapolis, was undergoing repairs when it buckled sending dozens of vehicles into the Mississippi River below. The bridge, built in 1967, was about 1,900 feet long and rose about 64 feet above the river. Over the last week, road crews were out working on the bridge’s joints, guardrails, and lights. During the evening of the collapse, workers were laying concrete on the surface of the bridge completing a routine resurfacing project. This was considered the final phase of the construction project. There were 18 construction workers on the bridge during the collapse, only one is still unaccounted for.

Continue reading "Minneapolis Bridge Collapses, Recovery Beginning" »

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A victory for consumers happened Thursday July 12th when the Washington State Supreme Court ruled 6-3 that consumers cannot sign away their class-action rights. Many times consumers sign contracts agreeing to resolve their disputes through mandatory arbitration. Most people do not realize that when they sign this type of contract they are also waving their right to file a class action law suit against the company. A consumer may come across this type of contract when signing up for such things as credit cards, wireless service, buying new cars, and for employment. According to Justice Tom Chambers, the class-action waiver denies large number of consumers the protection of Washington’s Consumer Protection Act.

In 2004, five consumers sued Cingular Wireless, now AT&T, citing improper billing for long distance calls and roaming charges. The consumers were overcharged from an average of $1 to $45 each month for calls that were supposed to be free. Instead of going after Cingular individually, they decided to band together and form a class-action law suit against the company. They filed the suit for themselves and for others who were similarly overcharged. Even though none of the five consumers were significantly overcharged, they claimed that Cingular unilaterally overcharged the public large sums of money. After filing the suit, a King County Superior Court judge denied the class-action because of the contract the consumers had previously signed with Cingular. The judge ordered the claimants into individual arbitration with the company.

Fortunately for consumers, the Washington State Supreme Court disagreed with the judge’s orders. In the court’s majority opinion, class action “is often the only meaningful type of redress for small but widespread injury,” and “claims as small as those in this case are impracticable to pursue on an individual basis even in small claims court, and particularly in arbitration.” A spokesperson for AT&T stated that the company still believes that consumers are better off pursuing arbitration rather than through class-action.

Article Source: http://seattlepi.nwsource.com/business/323520_arbitration13.html

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Starting August 10th the Department of Transportation (DOT) will close two to three lanes of Interstate 5 northbound between the West Seattle Bridge and the 1-5/1-90 interchange. The lane closures will last all day and continue through August 29th. These closures are expected to slow traffic on I-5 and cause congestion on I-405, the I-90 Bridge, Highway 99, and on surface streets throughout the area. According to Jamie Holter, a DOT spokeswoman, this will be the largest-scale DOT highway closure ever in Seattle.

About 130,000 drivers daily use the stretch of I-5 where the construction will take place. The DOT is hoping that about half of those driver’s will find alternate routes during the lane closures. The agency is encouraging drivers to plan their alternate routes now. They say if people do not find alternate routes, the backups on I-5 could extend to Tacoma and congestion in the area could last from 4:00 a.m. till 11:00 p.m. In order to help drivers, the DOT will provide alternate route maps and updates on traffic conditions on their web site.

During the closures, DOT crews will be replacing metal joints on the roadway. Currently the joints are outdated and may pop up into the middle of the freeway. The crews will also repave the highway. Holter stated that replacing the joints is a very time consuming and complex job and that is why weekend or night closures were ruled out.

There will also be some on-ramp closures throughout the surrounding area:

-The Spokane Street on-ramp will close for two weekends
-The Columbian Way on-ramp will be closed
-One lane of northbound Airport Way South will be for transit and trucks only
-Northbound I-5 exits to Fourth Avenue South, I-90 and James, Madison and Dearborn streets will close periodically
-Other onramps will be closed and northbound I-5 will be reduced to one lane at night

Click here to read the full news article.

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