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Appeals
The extent of our appellate work shows our persistence
and commitment to our clients. Over the past 25 years
our appellate efforts have helped make important changes
in the law to protect the rights of consumers and injured
people.
When defending a favorable decision for
our clients, we prepare for appeal as thoroughly as we
did for the original presentation. And we won't hesitate
to file an appeal when a case warrants a second chance
for justice.
Following are examples of our appeals work:
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Insurance Company v. Doe, 151 Wa.2d 512, 91 P.3d
864 (2004)
Plaintiffs’ co-counsel: Garth L. Jones, Ray W. Kahler,
Reed Schifferman, Paul L. Stritmatter
Our firm pursued an appeal involving the cancellation
of insurance policies by a hospital and its insurer after
our client had passed away from medical negligence after
surgery. The hospital went bankrupt and we challenged
the right of the hospital and insurers to cancel its policies
under a state law that prohibits a “retroactive
annulment” of the polices after an “occurrence,”
including a death. The lower court had ruled that the
cancellations were valid because a claim on the policy
was not filed until after it was cancelled. The Washington
Supreme Court held that the state law made null and void
and such cancellation of the policy after a death irrespective
of when the claim was filed.
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Soproni v. Polygon Apartments
Plaintiffs’ co-counsel: Garth L. Jones, Paul W.
Whelan
A 20-month-old boy fell from an apartment’s second-story
window onto a concrete patio. His head injuries caused
permanent and severe neurological damage. The boy’s
mother sought damages against the window manufacturer.
In an appeal to the Washington State Supreme Court, the
mother’s case overturned lower courts’ decisions
and sent the case back to trial to resolve whether the
window’s design created an unreasonably dangerous
condition.
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Smith v. Behr Process Corp., 113 Wn. App. 306
Plaintiffs’ co-counsel: Paul L. Stritmatter, Kevin Coluccio
The appeal upheld a default as a proper sanction of discovery
violations by the defendant. Also upheld class certification
for a consumer class of thousands who used a defective
exterior wood sealant.
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Sofie v. Fibreboard Corp., 112 Wn.2d 636
Plaintiffs’ co-counsel: Paul L. Stritmatter, Leonard
Schroeter
We successfully challenged the constitutionality of a
ceiling on damages imposed by the 1986 legislature. As
a result, there are no longer limits on recoveries by
injured people in Washington state.
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Lundgren v. Whitney’s, Inc., 94 Wn.2d 91
Plaintiffs’ counsel: Paul L. Stritmatter
This appeal established a cause of action for loss of
consortium for a wife in personal injury cases in Washington
state.
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Kanning/Evans v. Thompson, 124 Wn.2d 435
Plaintiffs’ counsel: Paul L. Stritmatter
Washington’s “Dual Persona” doctrine
was established in this case. Under this doctrine, an
employee may sue his employer if the employer owns land
as a separate legal entity.
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Ruiz-Guzman v. Amvac Chem. Corp., 141 Wn.2d 493
Plaintiffs’ co-counsel: Paul L. Stritmatter
This appeal established the right, under the Washington
Product Liability Act, to rely on an alternative product
to show that the challenged product’s risks outweigh
the benefits of using an alternative design.
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British Columbia Ministry of Health v. Homewood,
93 Wn. App. 702
Plaintiffs’ counsel: Paul L. Stritmatter
In this insurance matter, the appeal re-established that
under the doctrine of equitable subrogation an insurer
is not entitled to be paid from the third-party recovery
of a tort victim who does not obtain full compensation.
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Breivo v. City of Aberdeen, 15 Wn. App. 520
Plaintiffs’ counsel: Paul L. Stritmatter
One of the earliest cases regarding roadway design that
established significant Washington state law on governmental
roadway liability.
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Bernethy v. Walt Failors, Inc., 97 Wn.2d 929
Plaintiffs’ counsel: Paul L. Stritmatter
Our efforts helped establish the liability of any gun
dealer who provides a gun to an intoxicated person.
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Brown v. Yamaha, 38 Wn. App. 914
Plaintiff’s counsel: Paul L. Stritmatter
This appeal re-established the distinction between negligence
and strict liability claims as separate and nonexclusive
theories of liability for plaintiffs.
