Jeff and Lori Main v. Tensar International Corporation and Sander: Jeff suffered a serious brain injury in an April 2011 car crash. Sander was driving for his employer Tensar at the time of the accident so Tensar was a vicariously liable defendant. It took five years to get this to the jury, as a result of four continuances of the trial date, but finally, after 10 days in trial, the jury returned a unanimous verdict for the Mains in the amount of $900,000. The jury award primarily addressed Jeff’s pain and suffering, the permanency of his injuries, and Lori’s loss of consortium.
Christian Racich v. Sean Copeland and Heather Shade (Juneau, Alaska Superior Court---2015). Prosecuted personal injury action for serious head injuries sustained in a roll over off-road vehicle accident. Settled for policy limits.
Maytown Sand and Gravel and the Port of Tacoma v. Thurston County (Lewis County Superior Court---Jury Trial 2014). Representing Maytown Sand and Gravel, successfully prosecuted to verdict claims against a public entity for tortious interference with a contract and business expectancy, negligence, negligent misrepresentation, and violations of Maytown’s Section 1983 Constitutional due process rights. After a five week trial the jury returned a $4 million verdict for Maytown and $8 million for the Port of Tacoma. The case is on appeal.
Tierra Pointe Apartment Associates, LLC and American Home Builders, Inc. v. Certain Interested Underwriters at Lloyds of London (King County Superior Court---2011). Prosecuted breach of contract, bad faith and punitive damage (Calif. law applied) claims against Underwriters for damages sustained as a result of deliberate loss adjustment delay and underpayment. Among other things, Underwriters narrowly construed in their favor a Delayed Opening Endorsement in the Course of Construction coverage to justify their actions. On the actual eve of trial the case settled on very favorable terms for a confidential seven figure amount.
American Capital Group Entities v. Greenwich Insurance Company (W.D. in Seattle---Jury Trial 2011). Successfully prosecuted to verdict breach of contract claims against Greenwich. While on appeal to the Ninth Circuit, the case settled for the full verdict amount plus attorney fees.
Williams v. The Hertz Corporation (Kitsap County Superior Court---2011). Prosecuted personal injury action against Hertz. After prevailing on every meaningful substantive and discovery motion at the trial court and once at the Court of Appeals, the case settled on very favorable terms for a confidential seven figure amount. In this case we obtained a landmark ruling, confirmed by the Appellate Court Commissioner, that allowed punitive damages to go to the jury as the accident occurred in California.
Johnny’s Seafood v. The City of Tacoma (Pierce County Washington Superior Court). Successful prosecution of Johnny’s loss of use and property damage claims both in trial to the court and on appeal. Case was won on appeal and is reported at 73 Wn. App. 415, 869 P.2d 1097 (1994).
Bostrom Bergen v. EFCO (Federal District Court in San Francisco). Successful defense of product liability and breach of contract claims brought against EFCO seeking recovery of several millions of dollars in damages. The case was bifurcated at our request and tried first on damages to a federal judge appointed as special master and then in a liability trial to the federal district court in San Francisco.
Commonwealth Insurance Co. v. SCI (King County Washington Superior Court). Successful prosecution of Commonwealth’s declaratory action lawsuit seeking a declaration of no coverage in a multi-million dollar coverage dispute.
Holland America-Westours v. Petro Star Inc. and The State of Alaska (Alaska Superior Court in Fairbanks). Successful prosecution of Holland America’s insurers’ subrogation lawsuit against the State for faulty road design and against Petro Star for negligent operation and maintenance of its vehicles. On the first day of trial to a jury the case settled for several million dollars.
FDS Marine v. Foss Maritime (Federal District Court in Portland, Oregon). Defended against FDS Marine’s maritime salvage claim and prosecuted counter claims for breach of contract, negligence and fraud. The case settled favorably on the third day of trial.
Price v. American Buildings Company (E.D. Washington). Represented Price and its subrogated insurer Ranger Insurance Company in the prosecution of claims for breach of contract, breach of warranties, product liability and violation of the Consumer Protection Act. After a two week trial in federal district court in Spokane, Washington the jury returned a favorable verdict in excess of $2 million.
Ledcor Industries v. Donovan Excavating and others (King County Superior Court). Represented Ledcor and their subrogated insurer, Commonwealth Insurance Company, in this property damage, breach of contract and toxic tort case. The case settled favorably just before trial.
Commonwealth Insurance Company v. Maryland Insurance Company and others (W.D. Washington). Prosecuted Commonwealth’s contribution action and an assigned bad faith claim against other insurers who were alleged to be co-insurers on a loss. The lawsuit settled favorably.
Estate of Sheila Marin v. King County Metro (King County Washington). Represented the estate in this wrongful death case resulting from Sheila Marin being struck and killed by a Metro bus. The case settled in pre-suit mediation for $1,393,500.
Dianne O’Brien v. John Harer and others (King County Washington). Represented Dianne O’Brien seeking damages for bodily injury, pain and suffering, and economic loss resulting from an automobile accident caused by John Harer and others. The case settled in pre-suit mediation for $2,954,000.
J. M. Martinac Shipbuilding Corporation v. SEA Education Association (Arbitration in King County Washington). Represented Martinac in the prosecution of claims for breach of contract, reformation of contract and quantum meruit. Case settled favorably after four days of arbitration.
Northern Fruit v. Isolcell Italia (E.D. Washington). Represented Northern Fruit and its subrogated insurer, MSI Insurance, in prosecuting claims for product liability, failure to warn and violation of the Consumer Protection Act. Jury verdict in our favor awarding all damages claimed.
ET Environmental v. Zurich American, Ohio Casualty and Steadfast Insurance Company (W.D. Washington). Prosecuted ET Environmental’s declaratory action against various insurers alleging breach of contract, bad faith and violation of the Consumer Protection Act. The lawsuit settled favorably.
ET Environmental v. RV Associates, Inc. (King County Washington Superior Court). Prosecuted ET’s insurer’s assigned subrogation action against RV Associates. The lawsuit settled favorably.
J. W. Fowler Construction v. ACE Insurance Company (W.D. Washington; converted to arbitration by agreement). Prosecuted Fowler’s insurance coverage and bad faith claims against ACE. Fowler prevailed in the arbitration recovering substantial damages, pre-judgment interest and attorney fees.
Olympic Pipeline Corporation (W.D. Washington). Hired by AIG Insurance as trial counsel for the business interruption insurance claims that followed from the Olympic Pipeline explosion in Bellingham, Washington. Lawsuit settled on first day of trial. Then defended Olympic Pipeline Corporation in several personal injury actions allegedly resulting from the explosion. All of these claims were settled on favorable terms to Olympic Pipeline Corporation.
USA v. Marwan Shipping, et al. (U.S. District CT of Guam). Represented Dubai based ship owner in oil pollution and wreck removal litigation in Guam and related insurance coverage litigation in London.
International Tanker Owners Pollution Federation (Alaska Federal Court). Represented ITOPF in marine oil pollution litigation related to Glacier Bay oil spill.
American Lung Association v. American Lung Association of the Northwest, Pacific Northwest Lung Cancer Foundation, and others (King County Washington Superior Court). Successfully obtained two TROs and Preliminary Injunction against all defendants.
Committee of Unsecured Creditors v. Several Individual Members of MCE Board of Directors (U.S. Bankruptcy Court, W.D. Washington). Defended D&O claims brought by committee of unsecured creditors wherein the committee sought in excess of $100 million in damages. Case settled for $1.7 million (2009).
American Capital Group Entities v. Farmers Insurance Companies (King County Washington Superior Court). Prosecuted ACG’s bad faith, IFCA and breach of contract claims against two Farmers Insurance entities for damages sustained as a result of decks collapsing at two separate commercial properties. After prevailing on all substantive motions, both at the superior court and twice at the Court of Appeals, the case settled on very favorable terms for a confidential amount.