Have taken hundreds of defendant driver depositions. Used to have a checklist to make sure I didn’t forget the basics. Lost that checklist at a few decades ago. Now as a mentor for young attorneys, have reconstructed one which am sharing with you.
Read MorePrologue: This case involves a third trimester pregnant woman who was a passenger in a car. The car was t-boned by someone else. The mother was injured and the baby died.
Read MoreOne of the hazards of driving while high, is that you become a very bad driver. A year ago, Mr. H decided not to take my word for it. He smoked some pot. Went for a drive. Creamed a car. In the back of the car, right where he t-boned it, sat high school student John T. And his doggie who was instantly killed.
Read MoreDriving while high is now being used as a sword by the insurance companies of bad drivers who cause crashes.
Let's say you live in a state where pot is legal. You get high on a Sunday evening with a group of friends in your own home. On Thursday, you are driving down a road and someone runs a red light. You had a green light. The bad driver tells the officer that you look high. The officer doesn't see anything unusual but asks you to take a blood test. Carboxy-THC shows up. You are ticketed for driving under the influence. Until a prosecutor looks at the blood work and realizes there's no case. At which point the charges are dropped
Read MoreDrunks in cars kill. But blame is also shared by the bars that choose to over serve intoxicated customers who get in their cars.
This is the story of three young friends who got in the way of two over served drunks in a car.
Read MoreAm reading the police report on a new case:
T told me he had a dog in the vehicle. I checked and located a brown lab type dog on the rear passenger floorboard. The dog was not breathing and I could not feel a heartbeat. I asked SFD E31 to check the dog too. there did not appear to be any signs of life in the dog.
Read MoreThis is the official press release relating to the Owen v. State tree fall claim.
September 5, 2014
**PRESS RELEASE **
Re: Estate of Tim Owen, Estate of Cheryl Owen, Jessica Owen, Jaime Mayer,
Steven Mayer, Jeremy Owen v. State of Washington...
Walk up to door one. Open and walk through. Door two. Push button. It clicks. Enter. Write name and time on log at front desk. Write name on tag and stick on shirt. Cindy arrives and says hello. Follow her down the linoleum covered hall. Past the man in a wheelchair. An open door reveals a woman in bed watching tv. A hunched over man looks at me from another open door. His leg is bandaged. Walk towards the eating area where several others are congregated. Mostly in wheelchairs. Chatting. Average age probably middle 70s. Or older.
Read MoreNow that marijuana has been decriminalized in Washington state, issues are going to arise about driving under the influence. Unlike alcohol which only transiently stays in the body and can be detected with various tests, the detection of marijuana is a bit more complicated.
Read MoreThis morning am in a bright red ruffled shirt with the obligatory black. Here is my confession. Want to wear an old favorite pair of heeled Franco Sarto boots. They will look great with the outfit. There is just one catch. You see, they have been up on the back top shelf patiently waiting for me to take them to the repair shop. For over a year. The toes are a bit pointed and the soles have partially rubbed off at the tips. Looking up at them as they hang over the shelf, you can see the white rubbed away part. No holes. Not quite. But still a bit shoddy. Yet they would be perfect. So (and this is the confession part), pull down the boots. Pull out a black magic marker. Scribble all the white away. And presto. The outfit is now complete.
Read MoreYesterday night Noelle didn't come home. I worried about her. Even though I figured she was staying at her friend Leda's house. Noelle is 19. Old enough to think that she doesn't have to check in every single minute of the day with me. I have a hard time with that. Cristina and Alysha, her older sisters, know that 19 is not my magic cut off number. Because I still call them and ask where they are every single day as well.
Today am working on two different cases where two kids Noelle's age, didn't come home ever again. Here's the story of one of them.
Read MoreHere are real life examples of dumb things people do after they hit someone with their vehicle.
10. Stay put in your vehicle and call your boss before you do anything else. Give them the bad news without getting out to see if the person you hit is injured or even still alive.
Read MoreTired of fake reality tv.
Try the true life story of the survival and recovery of the Owen family. Brought to you by - the Owen Family.
According to the news: On December 21st around 1:20 p.m. The Owen family was traveling on Highway 2 near Stevens Pass when a tree fell onto their suburban and claimed the lives of 58-year-old Tim Owen and 56-year-old Cheryl Reed. Also in the vehicle were the couple's son, Jeremy, daughters Jessie and Jamie, and son-in-law Steven Mayer. Jeremy was released from the hospital but the other three are still being treated for serious injuries.
Read MoreMs. A is insured by State Farm with UIM. They do not want to pay the claim. They hire this psychiatrist to do a records review. To help them challenge the injury claim. Dr. P never meets or interviews Ms. A. But being the God-like creature that he is, will testify that Ms. A somaticizes her injuries and has "secondary gain." What this means in real people language - is that she is making the injuries up. My job is to show that he is the one making things up.
Read MoreI first tried a MIST case (Minor Impact Soft Tissue) fifteen years ago. Glenn Phillips (he of the billboard/tv/bus/cab advertising fame) was the defense lawyer.
I was going to be speaking in the country’s first “How to Hammer Allstate” seminar conceived by my then law partner Pat LePley. So I needed a sample case. One of my existing clients was involved in a zero property damage car strike. I took it on to see what Allstate would do. They hired Glenn, his associate, a biomechanic expert and an orthopedic surgeon who wrote a 35 page report. Our side had a chiro who had never testified before even in deposition. And the husband (a Boeing engineer) to counter the defense biomechanic. Well, we beat the zero offer. And got over a grand in sanctions because Allstate refused to admit fault until the first day of trial. My love affair with MIST cases was born.
Read MoreIt's the weekend and guess where I am. Yes. In the office. Working on a brief. Because two defendants think they can get out of rear ending cars on the freeway. This is the story of my morning's misadventure.
Here are few details you will observe. First - yikes - no makeup. Second - am sitting on ball which apparently is bouncy. Third - have a runner's tan line.
Read MoreHere are some tips from cases I've handled on how NOT to run down a pedestrian*.
We can do more than file a lawsuit when a bad driver hurts our clients. We owe it to society to get those drivers off the road.
State licensing departments have simple forms that can be filled out to trigger an investigation. They don't publicize these but they exist.
Read MoreYou get in a car wreck. But fortunately have purchased Personal Injury Protection or Medical Pay insurance. So you believe you are fully covered. That is, until the adjuster cuts off your benefits. Usually with the help of a "medical review" sometimes performed by an actual doctor (who never sees or talks to you).
Read MoreOnce upon a time, a dude entered an intersection and decided to turn left. Problem was, there was another car (lawfully) coming on through. So he crashed into it. Since the female driver had a green light, anyone who drives a car knows - the dude should have yielded right of way.
Enter the defense lawyer.
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