King County Trial Defense Verdict in Multi-Defendant Commercial Liability Case
Success Story
Claims Alleged: Commercial Liability - Premise Liability/Bodily Injury Injuries Alleged: Broken ankle (fracture) sustained from a slip & fall Admitted Liability: No Overview: Smith Freed Eberhard Partners Joy Lee, Cliff Wilson and Senior Associate Paige Kolbrick recently secured a complete defense…
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Wednesday December 17, 2025
By: Joy Lee
Timing Is Everything: The Dog Bite Case That Took a Bite Out of Procedural Rules
Legal Alert
From the Desk of Ashley Nagrodski: After a long journey through the Superior Court and the Court of Appeals, Pecelj v. Sparks was finally dismissed by the King County Superior Court when the plaintiffs failed to serve their complaint in…
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Wednesday October 15, 2025
By: Ashley Nagrodski
Timing Is Everything: The Dog Bite Case That Took a Bite Out of Procedural Rules
Legal Alert
From the Desk of Ashley Nagrodski: After a long journey through the Superior Court and the Court of Appeals, Pecelj v. Sparks was finally dismissed by the King County Superior Court when the plaintiffs failed to serve their complaint in…
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Monday June 2, 2025
By: Ashley Nagrodski
Washington Contractors: Foreseeable Risks Impose a Foreseeable Duty
Legal Alert
From the Desk of Brian Schiewe: Complex workplace safety cases can hinge on the interpretation of control and foreseeability. This ruling emphasizes the nondelegable nature of safety obligations under Washington law and requires that all parties involved in a construction…
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Wednesday May 28, 2025
By: Brian Schiewe
Race-Neutral Civil Trials: When Does Race Play a Factor in the Verdict?
Webinar
Join Smith Freed Eberhard partners, Joy Lee and Cliff Wilson, as they take a deeper dive into the recent Washington Supreme Court case of Henderson v. Thompson, and what impact it might have on future Washington jury trials. View the…
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Tuesday May 27, 2025
By: Firm Authorship
Pierce County Judge Agrees Scope of Duty Owed by a Non- Possessory Landowner is Limited: MSJ Win in Premises Liability Case
Success Story
Claims Alleged: Negligence, Premises Liability. Damages Alleged: Economic and Non-Economic Damages. Plaintiff sustained a fractured ankle with medical bills totaling approximately $85,000, and also alleged ongoing emotional and psychological mental health claims The Overview: In a classic landowner v. possessor of land…
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Monday May 12, 2025
By: Joy Lee
Trial Win: Defense Counters $5 Million Claim in MVA Case
Success Story
Claims Alleged: Traumatic Brain Injury (TBI), Medical Expenses, High General Damages Award. Damages Alleged: Non-Economic Damages: Pain and suffering for remainder of Plaintiff’s life. Plaintiff presented per diem argument with an hourly wage for the rest of her life of…
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Thursday January 16, 2025
By: Kyle Riley
Commercial Lines in Oregon and Washington: Recent Case Updates
Webinar
Join Smith Freed Eberhard managing partner Bill Taaffe and partner Kyle Riley as they provide a basic overview of Oregon and Washington commercial cases in 2023 and early 2024 and their impact on commercial lines claims management. View the Recording…
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Tuesday July 9, 2024
By: Firm Authorship
When Must a University Protect a Student from Harm Inflicted by a Third Party?
Legal Alert
From the Desk of Brian Schiewe: Generally, there is no duty to protect others from harm, including harm caused by the conduct of a third party. A duty may arise, however, when one has a special relationship with a potential…
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Tuesday July 2, 2024
By: Brian Schiewe
Personal Lines in Oregon and Washington: Recent Case Updates
Webinar
Join Smith Freed Eberhard partners, Josh Hayward and Cliff Wilson, as they provide a basic overview of Oregon and Washington personal lines cases in 2023 and early 2024, including recent developments and real-world examples. View the Recording View the Recording…
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Tuesday June 18, 2024
By: Firm Authorship
The Washington State Supreme Court Rejects the Apex Doctrine
Legal Alert
From the Desk of Brian Schiewe: The “Apex Doctrine” is a legal principle aimed at protecting top executives from having to sit for a deposition in certain situations. The Doctrine recognizes that for corporate litigants, depositions involving high-ranking officers can…
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Tuesday April 2, 2024
By: Brian Schiewe
When is a Landowner Allowed to Delegate the Duty of Care to an Independent Contractor to Ensure Others’ Safety?
Legal Alert
From the Desk of Brian Schiewe: In a recent Washington State Supreme Court decision, the Court affirmed that a landowner may delegate to a qualified independent contractor its duty to invitees to remediate known or obvious dangers. In premises liability…
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Wednesday January 3, 2024
By: Brian Schiewe
Preserving Precedent: Defending Commercial Landlord Liability Through Recent Victory in High Exposure Dog Bite Case
Success Story
Claims Alleged: Dog Bite Liability, Commercial Landlord Liability, and Negligence The Overview: Seattle Partner Brian Schiewe and his associate recently prevailed on a motion for summary judgment in a high exposure matter involving a vicious dog attack. Brian’s clients were an apartment…
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Thursday October 26, 2023
By: Brian Schiewe
The Risk of Attorney Fees in UIM Cases: A Brief Update on Recent Case Law
Webinar
Join Smith Freed Eberhard Partner Ashley Nagrodski and Senior Associate John Barton as they discuss a recent significant case, Ratty v. Progressive, and the timeline of UIM claims handling in the state of Washington. This case is important for insurers…
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Tuesday September 5, 2023
By: Firm Authorship
Surprise Scope Changes: How a Resulting Loss Clause Can Bring Unexpected Damage Back into Coverage
Legal Alert
From the Desk of Gordon Klug: Ambiguities in an insurance policy are always construed against the drafter and courts are reluctant to construe exclusions in a manner that limits the scope of coverage. When a provision like a resulting loss…
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Wednesday July 26, 2023
By: Firm Authorship
Don’t Walk on Thin Ice: The Defense of Implied Primary Assumption of the Risk May Render Unavailable in Snow and Ice Slip and Fall Cases
Legal Alert
From the Desk of Brian Schiewe: The Washington State Court of Appeals (Div. III) recently reversed the summary judgment dismissal of a slip-and-fall on ice that was based on Defendants’ affirmative defense of primary assumption of risk. In Washington, primary assumption…
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Thursday June 8, 2023
By: Brian Schiewe
A Contractual Defect: Washington Supreme Court Rules Contractual Time-Limitation Provision Unenforceable in Construction Defect Case
Legal Alert
From the Desk of Brian Schiewe: The general rule in Washington is that contracting parties will be bound to the terms of their agreement. However, sometimes contract provisions can be found substantively unconscionable and therefore void and unenforceable. Here, the…
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Thursday May 25, 2023
By: Brian Schiewe
Commercial Lines in Washington: 2022 Year in Review
Webinar
Join Smith Freed Eberhard Partners, Kyle Riley and Ashley Nagrodski, as they discuss significant commercial lines cases from 2022 in Washington with a focus on the impact these cases will have on commercial lines claims management. Watch The Recording Watch…
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Wednesday May 10, 2023
By: Firm Authorship
