Posts tagged wrongful death
Senate Moves to Amend Washington's Barbaric Wrongful Death Law of 1909

Yesterday, the State Senate, approved a motion to amend Washington’s wrongful death act.

According to the Associated Press:

In debate before the vote, the bill's sponsor said the provision stemmed from efforts by business interests at the beginning of the 20th century to block claims made by the families of Chinese miners killed in workplace accidents.

"This law has its roots in racist origins," said Sen. Bob Hasegawa, D-Seattle. State documents date the provision in the law to 1909. Hasegawa's language echoed claims by the Korean parents of a student killed in the Ride the Ducks crash.

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Ride the Ducks Trial Day 13: A beloved mother

Today’s uber driver is from Romania where everyone crushes grapes in vats at their homes. Some is saved as grape juice for the kids.  The rest is put in a bottle.  In 6 months there is good wine.   Better than you can get at Safeway.  He would like me to use uberXL versus uberX.  The numerous reasons range from the safer more superior status of his SUV to what difference does a few more bucks make if we are all going to die anyway. Drops me off.

Get through security without beeping.  Climb 9 flights.  Enter on the dot at 8:30 as ordered by the court so we can address pretrial matters.  8:45 Mr. Ulmer announced her honor will be arriving in 7 minutes.  Her bus has been delayed again.  She arrives.

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October 1, 2018 through February 7, 2019

Two weeks after Liam is born we start the Ride the Ducks Aurora Bridge trial. In the months leading up to the trial stop writing or discussing the case publicly. This includes to the media, to social media, to this blog.

The jurors will be instructed not to read, watch, or listen to anything about this case. They will not be reading this blog for example. So it is not quite clear how pretrial publicity especially in a civil case can be prejudicial if the lawyers talk to the media which the jurors will not be reading. Rather than debate the issue look to The Rules of Professional Conduct (RPC) 3.6.

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7 bullets

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.

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The meanest motion ever

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."

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Should a toddler's life ever be worth nothing

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.

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The brutal reality as seen by 3D Radiological Imaging

Technology is changing the way we are able to visualize everything.  This 3D imaging study shows a picture that makes more sense to us than would a simple xray.

In this case, a worker was killed on the job when he was installing a defective device.  The electrical system in the piece of equipment had been negligently manufactured.  When he started to install it, the device shorted  and launched like a rocket into his face.  He survived the impact but died in the hospital about a month later.

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Gentle deposition sparring

Setting:  We are in a downtown Seattle conference room.  The sky is deep blue.  The sun is shining.  Its rays bounce like mirrors off the skyscrapers and rippling waterways below us.  Eric the videographer is at the far end of the table.  Jane the court reporter is her usual excellent self.  Cheryl our medical negligence paralegal is by my side.  Across the table are the defense lawyers.  In front of a gray screen sits the witness.  The defense side is somber.  I am feisty. We are about an hour an a half into the deposition.

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On hospital introduced flesh eating bacteria and superbugs

The calls are coming in with increasing frequency.  Loves ones have died after simple medical procedures.  The cause:  killer bacteria introduced into the body sometime during or after the procedure.  Surgical incisions aren't even necessary.

The survivors are usually in shock.  One day the husband has some problem with the digestive tract and is going in for an exploratory scope.  A little while later, his organs have rotted and died from the inside out due to a hospital introduced micro piranha feeding frenzy.

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Dealing with Death Wednesday - a tirade

Yesterday 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.

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Love the Owens

Tired 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.

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