Representative Matters

Business Commercial
• • Heard matters regarding breach of fiduciary duties/class action and breach of contract regarding the issuance of fishing rights shares
  • Fraudulent transfer, breach of contract, borrower/bank disputes and commercial leases
  • Handled matters regarding the Consumer Protection Act and fraudulent concealment and failure to disclose on Form 17
  • Presided over contract cases regarding legal representation, employment, international shipping and construction and subcontractor services, including claims for outrage and negligent infliction of emotional distress
  • Smith v. Sea Ventures, 96-2-27667-7, 93 Wn.App. 613 (1999): Recovery of corporate assets that were distributed to former shareholders upon dissolution
  • Svensen v. Stock and John L. Scott Realty, 96-2-10174-5, 143 Wn.2d. 546 (2001): Real estate agency’s liability for Form 17 violation when seller failed to disclose water infiltration issue on realtor’s advice
  • Matia Contractors v. City of Bellingham, 07-2-15702-6, 144 Wn.App 445 (2008): Whether the claim filing statute, RCW 4.96.010, applies to all claims for money damages or just those that sound in tort
  • Miller v. One Lincoln Tower, LLC, 04-2-34678-9, unpublished 58030-2-I: Provision limiting buyer’s remedies in real estate purchase contract 
Class Action & Mass Tort
• • Presided over class actions regarding wage and hour, working conditions, title insurance and breach of fiduciary duties
  • Handled cases regarding wrongful discharge, breach of contract, tortious interference, defamation, retaliation, failure to accommodate, whistleblower complaints and covenants not to compete
  • Heard matters regarding fraudulent concealment and failure to disclose on Form 17
  • Pugh v. Evergreen Hospital, 10-2-33125-5: Claims for compensation brought by registered nurses for missed rest and meal breaks
  • Howard v. McKinstry Co., 07-2-37189-3: HVAC installers’ claims for overtime and uncompensated travel time
  • Frechin v. King County Dept. of Transportation, 13-2-23545-5: Bus drivers’ claims for uncompensated missed meal periods
Construction Defect
• • Handled cases regarding the Washington Condominium Act, breach of warranty of habitability and contract, condos and other building projects
  • Polygon N.W. Co. v. Village II, LLC, 03241367-4: Condominium construction defects and lack of prelitigation notice under chapter 64.50 RCW
  • Kim v. Bayley Construction, Inc., 03-2-27111-0, unpublished 55034-9-I: Application of the “completion and acceptance doctrine”
  • Mill Street Homeowners’ Assoc. v. 510-3, LLC. 05-2-24718-5: Condominium construction defects
  • Tribeca Residential Owners’ Assoc. v. Milliken South Slope, LLC, 08-2-02613-2: Condominium construction defects
Employment Law
• • Heard employment security cases dealing with characterization of employees vs. independent contractors and timeliness of filing for benefits
  • Magee v. Rite Aid, 06-2-25454-6, 144 Wn.App. 1 (2008): Former employee’s filing of anti-harassment petition against store manager as notice to employer of industrial insurance claim
  • Network Communication v. Employment Security Dept., 06231920-9, unpublished 60212-8-I: Application of “newsboy” exception under RCW 50.04.240 to employer’s duty to pay unemployment benefits
  • Ngo v. Hearst Corp., 96-2-20107-2, unpublished 42456-4-1: Liability of newspaper company for injuries incurred by plaintiff when he was assaulted while delivering newspapers
  • Lavarias v. Department of Employment Security, 00-2-20986-0, unpublished 48353-6-I: Employee denied unemployment benefits because she was deemed not available for work
Environmental Law
• • Handled environmental matters regarding the Model Toxics Control Act (MTCA) and Condemnation and Land Use Partition Act (LUPA)
  • Pacific Sound Resources v. Burlington Northern Santa Fe Railway Corp., 02-2-27778-I, 130 Wn.App. 926 (2005): Ruling on the meaning of the phrase “remedial action confirms cleanup standards are met” under MTCA
  • In re the Petition of the Seattle Popular monorail v. HTK Management LLC, 04-2-10035-6, 155 Wn.2d 612 (2005): Monorail condemnation action involving “Sinking Ship” parking garage
Estate/Probate/Family Law
• • Presided over undue influence matters
  • Handled family law matters regarding characterization and valuation of parties’ property, distribution of assets and liabilities, parenting plans, child support orders, non-parental custody, relocation and application of the Uniform Child Custody Jurisdiction Act (UCCJA)
  • In re the Estate of James Allen Hendrix, 02-4-02569-0, unpublished 55711-4-I: Family dispute regarding the estate of Jimi Hendrix’s father and control of the Hendrix music legacy
  • Cohanim v. Cohen 11-3-02353-6, unpublished 68010-2-I: Application of Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) when children were taken from Guatemala and relocated to Seattle
  • Wade v. Wade, 96-3-06251-4: Dissolution with children
  • Hensrude v. Hensrude, 16-3-04689-8: Dissolution involving tracing of assets and the valuation of millions of dollars of assets, including real property, commercial entities and marijuana businesses
  • Kendall v. Kendall, 05-3-01063-4, unpublished 668358-8-I: Modification of child support
Governmental & Public Agency
• • Presided over liability of government cases for DUI offenders and violent offenders while on supervision, mental health workers under RCW 71.05.120 and placement of pedestrian road crossing signals
  • Schulte v. Mullen and City of Seattle, 13-2-35695-3, unpublished 72821-1-I: Liability of City for vehicular deaths and injuries caused by City DUI probationer
  • Garcia v. State of Washington Dept. Of Transportation, 03-2-41742-4, unpublished 63689-8-I: Department’s failure to install crosswalk technology as proximate cause of pedestrian’s death
  • Mock v. Dept. of Corrections, 15-2-05471-6, 200 Wn.App 667 (2017). Ruling on whether the Department of Corrections has common law duty to inform sentencing court of offender’s previous community custody violations 
Insurance
• • Washington Insurance Fair Conduct Act, bad faith, breach of contract, violation of the Consumer Protection Act (CPA), loss of consortium and scope of health care coverage
  • S&K Motors Inc. v. Harco National Insurance Co., 08-2-08837-5, 151 Wn.App. 633 (2009): Insurer’s receipt of benefit from third-party recovery prior to insured being fully compensated for loss
  • Kiribati Seafood Co., LLC v. International Specialty Inc., 03-2-20808-6:Claim for wages and costs related to repatriation of stranded crew members
  • Carr v. Blue Cross of Washington and Alaska, 97-2-29620-0, 93 Wn.App. 941 (1999):Plaintiff’s reconstructive surgery following the removal of ruptured silicone breast implant properly classified as covered mastectomy
  • Humphrey v. Swedish Medical Center, 12-2-25691-8: Allegation that uninsured patients were charged excessive fees for emergency room care through contract of adhesion
Maritime Admiralty
• • Presided over cases involving Jones Act negligence and unseaworthiness claims
  • Zielinski v. Time Bandit, 15-2-00747-5: Liability for crewman’s hand injury sustained from firework explosion on episode of  the TV show “Deadliest Catch”
  • Townsend v. Foss Maritime Co., 12-2-26697-2: Plaintiff establish negligence per se under the Jones Act by working more than 12 hours in a consecutive 24-hour period
Personal Injury
• • Presided over personal Injury and negligence cases regarding construction site injuries and damage, car accidents, slip and fall and wrongful death
  • Heard matters regarding products liability, specifically, airbags, airplane carburetors and helicopter rotors
  • Vargas v. Inland Group, P.S., LLC, 13-2-32219-6: Multiple issues related to control of jobsite where subcontractor sustained severe head injury due to whipping of concrete pouring hose
  • Collins v. Ketchikan, 05-2-15866-2: Painting contractor’s death caused by ignition of paint fumes in confined interior space
  • Carter Robinson Helicopter, 02-2-14957-0: Allegations that tail rotor design contributed to helicopter crash
  • Becker v. Forward Technologies Industries, Inc., 10-2-26593-7: Allegations that faulty carburetor contributed to plane crash  
Professional Liability
• • Experience with professional liability cases regarding medical malpractice, specifically thoracic surgery, obstetrics, orthopedics and other health care providers
  • Presided over legal malpractice cases regarding trial practice, representation and billing
  • Marchiaro v. University of Washington, 96-2-27054-7: Claim against UW for medical malpractice in the post–heart surgery death of its former chief of thoracic surgery
  • Lucky Break Wishbone v. Gould, 15-2-14568-1: Bench trial of numerous allegations of malpractice regarding preparation and trial strategy in patent/trademark trial
  • Davis v. Davis, Wright, Tremaine, 97-2-22603-1, 103 Wn.App. 638 (2000): Application of six-year statute of limitations for written contract to legal malpractice claim
Real Property
• • Handled easements, restrictive covenants, boundary disputes and adverse possession cases
  • Curtis v. Chinn, 97-2-18025-2, unpublished 44408-5-I: Mother-in-law apartment constructed above garage violated restrictive covenants
  • Bright v. McGrath, 96-2-251119, unpublished 41349-0-I: Application of restrictive covenants provision to a boat slip assignment that encroached on neighbor’s shorelands