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Highway Design

Highway design and maintenance have improved in recent years – perhaps in part because we have held government entities responsible for losses suffered by our clients.

We work closely with nationally recognized experts in highway maintenance and design. Their insight has helped us achieve justice for clients through a long record of multi-million dollar verdicts and settlements.

Examples of highway design verdicts and settlements:

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Julie Ann Greene v. Pierce County

$5.47 million verdict

Plaintiff’s counsel: Keith L. Kessler, Paul L. Stritmatter

Pierce County failed to have a stop sign at a railroad crossing, and the drivers’ visibility was obstructed by trees and buildings. The result: a collision between an oncoming train and a car crossing the tracks. The car’s driver was killed and the passenger suffered a brain injury and was blinded. The 1994 decision was the second-largest personal injury jury verdict in Pierce County history.

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Thompson v. State of Washington, et al

$2.75 million settlement

Plaintiff’s counsel: Keith L. Kessler, Brad J. Moore

Traffic conditions at an intersection where Highway 18 meets Interstate 90 had become treacherous for motorists, necessitating prompt action to create safer traffic flows. But the State of Washington was slow to act. Meanwhile, Velma Jean Thompson was involved in a collision there that left her an incomplete quadriplegic. Keith and Brad brought Velma Jean a settlement that will cover the lifelong care she’ll need because of her serious injuries.

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Brenner v. Bestway Excavating & State of Washington


Binding arbitration decision

Plaintiff’s counsel: Karen K. Koehler, Keith L. Kessler

A construction truck driver turned left at a dangerous intersection. He crashed head-on into a small car driven by a 17-year-old high school junior headed toward her last day of school for the year. Her mother arrived at the scene in time to see her dying daughter being airlifted to Harborview. The state settled for a very large sum, which was combined with the construction company insurance monies. Understandably, the mother suffered profound post-tramatic stress disorder.

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Legier v. Mason County

$1.75 million settlement

Plaintiff’s co-counsel: Keith L. Kessler, Paul L. Stritmatter

Suzanne Legier was driving with her two sons when her Jeep Cherokee skidded in water near plowed snow. The Jeep hit an oncoming truck, and Suzanne’s 5- and 12-year-old sons died of multiple, severe head injuries. The settlement with Mason County required changes in the county’s snow and ice removal policy.

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McCluskey v. State of Washington

$1.7 million verdict

Plaintiff's counsel: Keith L. Kessler

This highway design case, in which a father of two young children was killed due to negligence by the State, resulted in the largest personal injury verdict in Thurston County history, and is among the top five wrongful death verdicts in state history.

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Wingo v. State of Washington

$1.4 million settlement

Plaintiff’s counsel: Keith L. Kessler, Paul L. Stritmatter

This case, which involved water build-up on a low point in the roadway that caused a head-on collision due to hydroplaning, was at the time reportedly the largest highway design settlement ever entered into by the State of Washington.

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McClain v. State of Washington

$1.325 million settlement

Plaintiff’s counsel: Keith L. Kessler, Brad J. Moore

No amount of money can make up for the loss of life. But this settlement will help two sisters with their future medical and psychological expenses following the death of both parents in a head-on collision, caused by a permanent edge drop-off that resulted in a loss of control when the dependent driver turned left sharply to try and get back up on the roadway.

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James Evans v. State of Washington, Estate of Sandra Butchart, Jeffrey Chandler

$924,000 settlement

Plaintiff’s counsel: Keith L. Kessler, Ray W. Kahler

While driving southbound on Interstate 5, general contractor Jim Evans was injured when a northbound vehicle swerved to avoid another car, flipped over the median and struck Jim’s truck head-on. The judge granted a summary judgment in Jim’s favor based on the result of a previous trial involving the same incident.

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Hipps v. Grays Harbor County

$1.15 million settlement

Co-counsel: Paul L. Stritmatter, Keith L. Kessler

Grays Harbor County had failed to maintain a tree that grew and covered a stop sign at an intersection. A driver unfamiliar with the intersection didn’t see the stop sign and struck the Hipps’ van, rendering Arnold Hipps paraplegic.

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Reed v. City of Spokane

$1 million settlement

Co-counsel: Keith L. Kessler, Paul L. Stritmatter

A boy was forced to walk home in the street because a landowner and the City of Spokane had allowed the sidewalk to become overgrown with grass and rendered dangerous by glass and other debris. The boy was hit by a car and sustained a brain injury and multiple abrasions. Although the city and the landowner initially blamed the driver who struck the boy, they later acknowledged fault for the impassable sidewalk.

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Triol, et. al. v. State of Washington and Discount Tire

$1.65 million partial summary judgment

Plaintiff’s co-counsel: Keith L. Kessler, Kevin Coluccio

Three male students were passengers in a Ford Bronco when it lost the right rear wheel and spun into a cable guard rail, snagged a guard rail post and flipped onto its top. Our legal team contended that the tires were installed with improper wheel bearings, causing the wheel to break off. We also showed that the State’s guard rail of flexible cable and “strong posts” no longer met state or national standards and actually created a hazard for motorists. Only after our clients’ collision did the state replace the cable guard rails with safer alternatives.

 

Experienced trial lawyers dedicated to achieving the best possible results for injured people.

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