Under Washington law, wrongful death actions are strictly governed by statute. Atchison v. Great W. Malting Co., 161 Wn.2d 372 (2007). When the death of a person is caused by the wrongful act of another, the decedent's personal representative may maintain an action for damages. RCW 4.20.010.
This is the full text of the amended complaint adding the City of Seattle as a defendant in the civil rights/wrongful death case involving the shooting of Charleena Lyles by the Seattle Police Department June 18, 2017.
I am looking at the Medical Examiner's chart. She has been shot 7 times. 7 pieces of metal are either in or have gone through her small body. The same height as mine. But more slender. Her face is beautiful. It was spared. They aimed at her middle.
I count the bullet holes on the front of the body diagram. Then on the back. There are more than 7 holes. Some bullets count for 2 holes each. In. Out.
Sometimes my job is sickening. I get the whole idea of defense lawyers attacking my clients in order to make sure they are telling the truth. But what I can never get used to are the grotesque tactical maneuvers used by some defense lawyers to save an insurance company a buck.
Here are a few excerpts from an argument I made to the Court opposing defense counsel's motion to dismiss a father's claim for the wrongful death of his child. Before reading this: a) put on a white jacket; b) stand up fully; c) employ wonder woman frown; d) thrust out chin; and e) use extra emphasis when using the word: "repulsive."
In its third motion for protective order my least favorite tourism company asks the court yet again to stop the plaintiff from filing motions in the public court file. Instead they want a special rule that requires us to give them five days notice before we can file a document so they can bring a motion asking the court to seal it or block us. Kind of like an early warning anti-missile system. We must tell them before we launch then they try to shoot us down before the paperwork can hit the courthouse file.
A tree branch scratched the lower part of my left upper arm last summer when I capsized a kayak. The wound stung. Swelled into a welt. But didn't bleed. Almost a year later there is definitely a scar still there. My real skin is getting thinner with age. My mental skin is not.
A few days before Thanksgiving a defendant corporation sends me the report of its expert accountant. This person's job is to place a value on the life of a two and a half year old child who has died as the result of the negligence of others.
In our state the way we decide the "value" of loss of life under such circumstances is to project what the child would have grown up and earned during her life time. Less what the child would have consumed. The amount that is left over is called "net accumulations" and this cold calculation = value of the life lost.
Though irritated, I did not lose a lot of sleep over John Henry Browne's filing of a lawsuit against me and my law firm for defamation over our handling of the civil wrongful murder action we filed against his client.
First, I believe in the power and righteousness of the First Amendment.