Practice Area
Automotive Defense
Legal Alert
From the desk of Cliff J. Wilson: Cellphones are essential to everyday life. However, in Oregon, we all know that we should not use, or even handle, our cellphones while driving due in part to the state’s harsh penalties for doing so. But what happens if a defendant in a civil case admits to using her cellphone immediately prior to…
Read more »
Wednesday February 10, 2021 By: Cliff Wilson
Webinar
Smith Freed Eberhard partners Josh Hayward and Melanie Rose discuss significant cases of the past year in Washington, with a focus on Personal Lines claims management. Why Watch This Webinar? This webinar is designed for claims professionals and provides a basic overview of significant cases over the last year and their impact on Personal Lines claims management. This webinar will prepare you…
Read more »
Friday January 29, 2021 By: Josh Hayward
Legal Alert
From the desk of Josh Hayward: Last year, the Washington Court of Appeals held that bicyclists were not considered pedestrians in the context of PIP coverage, because the plain meaning of the word “pedestrian” does not include cyclists. The Washington Supreme Court just re-examined the issue. What exactly did the court decide? And how did it arrive at this conclusion?…
Read more »
Wednesday January 20, 2021 By: Josh Hayward
Legal Alert
From the desk of Cliff J. Wilson: The Washington Court of Appeals recently revisited the public policy lens as related to UIM exclusions in Washington automobile insurance policies.  In this case, the court examined Progressive’s decision to deny UIM benefits to a guest passenger injured by one of its insured drivers in a single-vehicle accident. Was Progressive’s denial of benefits…
Read more »
Wednesday December 30, 2020 By: Cliff Wilson
Legal Alert
From the desk of Josh Hayward: Washington’s Made Whole Doctrine establishes that a person with insurance must be fully reimbursed for their losses, or “made whole,” before the person’s insurance company can take from any third-party recovery proceeds to recoup what they paid out on a claim. This case addresses the question, really how much is required to be “made…
Read more »
Wednesday December 9, 2020 By: Josh Hayward
Legal Alert
From the desk of Thomas McCurdy: Generally, if a driver loses consciousness and causes an auto accident, they are not held liable. The driver can be held liable, however, if they were aware that there was a possibility they could suddenly lose consciousness. This case addresses the question, does a driver’s prior knowledge of their multiple health conditions make them…
Read more »
Tuesday December 1, 2020 By: Thomas McCurdy
Legal Alert
From the desk of Cliff Wilson: The one constant in litigation is that the Plaintiff carries the burden to prove every element of their case.  In complex scenarios, however, sometimes Plaintiffs will argue to push their burden on to the Defendant, particularly in cases involving insurance company defendants, like cases involving underinsured motorist claims (UIM).  Recently, the Oregon Court of…
Read more »
Thursday November 12, 2020 By: Cliff Wilson
Legal Alert
From the desk of Joshua P. Hayward: To avoid attorney’s fees in a UIM case, an insurer must agree to binding arbitration and limit the issues to the liability of the uninsured/underinsured motorist and damages. If a proper safe harbor letter is sent, can an insurer allege that its own insured was at fault for causing the collision without injecting an…
Read more »
Thursday September 17, 2020 By: Josh Hayward
Success Story
The Overview: Smith Freed Eberhard associate attorney Jessica Kamish recently achieved a significant victory for her client following a complex case that was tried in Seattle, Washington.  After Plaintiff decided she was unhappy with an arbitration award, she demanded a trial de novo, which even her own lawyer advised against.  At trial, Jessica leveraged the jury selection process to remove…
Read more »
Tuesday August 11, 2020 By: Jessica Kamish
Legal Alert
From the desk of Jean Kang and Cliff Wilson: Insurers and claims professionals who do business in Washington are no strangers to the relatively unfriendly legal landscape created by state statute and case law. Insurers are subject to strict regulation under statutory schemes like the Insurance Fair Conduct Act (IFCA) and Consumer Protection Act (CPA), each of which expose insurers…
Read more »
Tuesday July 14, 2020 By: Jean Kang
Success Story
Claims Alleged: Automobile Accident; Personal Injury Amount Claimed: $2,200,000 The Overview Smith Freed Eberhard obtained a favorable verdict for its client in a case demanding significant economic and non-economic damages resulting from a car accident. The Strategy The Smith Freed Eberhard team issued 15 medical subpoenas which produced more than 2,500 pages of medical records and five depositions just five…
Read more »
Friday December 20, 2019 By: Firm Authorship
Success Story
Claims Alleged: Personal Injury/Automobile Collision Amount Claimed: $70,000-$250,000 The Background In a case that started out as a relatively straightforward personal injury claim between two motorists, Smith Freed Eberhard secured a victory on a motion for summary judgement. The Case When Smith Freed Eberhard was first assigned the case, we were able to negotiate a settlement and release with the…
Read more »
Friday December 20, 2019 By: Firm Authorship
Success Story
Claims Alleged: Intentional Infliction of Emotional Distress Injuries Alleged: Emotional Distress The Overview Smith Freed Eberhard succeeded in obtaining complete dismissal based on the pleadings through immediate, decisive, and aggressive action. The Background The claim arose from a car accident where there was very little damage. The plaintiff had a long history of being involved in auto accidents. She also…
Read more »
Friday December 20, 2019 By: Josh Hayward
Success Story
Claims Alleged: Personal Injury Resulting from Automobile Accident Injuries Alleged: Re-Herniation of Disc; Multiple Bodily Injuries – Read on to Find Out Amount Claimed: $1,200,000 The Overview Smith Freed Eberhard obtained a defense verdict in favor of its client by effectively cross examining the plaintiff’s expert witness to show the jury that the plaintiff had given the expert only a…
Read more »
Friday December 20, 2019 By: Firm Authorship
Success Story
Claims Alleged: Automobile Accident; Personal Injury Injuries Alleged: Permanent Injuries, Lost Wages, Torn Meniscus in Knee Admitted Liability: Yes (as only to accident) Amount Claimed: $500,000 The Overview Smith Freed Eberhard obtained a complete defense verdict for its client in a case involving a family of four that was rear ended by a college graduate. The Background A family of…
Read more »
Friday December 20, 2019 By: Firm Authorship
Success Story
Claims Alleged: Automotive Accident: Hit and Run Injuries Alleged: Lost Wages and Medical Treatment Amount Claimed: $53,000 The Overview Smith Freed Eberhard used the fruits of intensive discovery efforts to convince a plaintiff attorney to dismiss his case with prejudice. The Background In a motor vehicle accident case, the driver of a car (the plaintiff) filed suit against the driver…
Read more »
Friday December 20, 2019 By: Firm Authorship
Success Story
Claims Alleged: Personal Injury Resulting from Automobile Accident Injuries Alleged: Knee, Head, and Hand Injuries The Overview Smith Freed Eberhard managed to save its client a significant amount of money in an automobile accident case that involved serious injuries to two plaintiffs. The Background Smith Freed Eberhard represented the defendant insured in this matter. The insured entered an intersection as…
Read more »
Friday December 20, 2019 By: Firm Authorship
Success Story
Plaintiff Attorney: Christopher W. Brown City, State, County: Portland, Oregon: Multnomah County Claims Alleged: Personal Injury: Negligence Amount Claimed: $49,999 The Overview Smith Freed Eberhard achieved an exceptional judgment for its client who was deemed to bear no liability whatsoever when her car struck a pedestrian who ran into the road without warning late at night. The Background Our client…
Read more »
Friday December 20, 2019 By: Firm Authorship
Recent Posts