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
Secured Motion to Dismiss: Personal Jurisdiction in RV Collision Case
Success Story
https://youtu.be/SmRLuA4jAi4?si=K2QhBoF401I_54-l&t=1 Claims Alleged: Strict Liability, Negligence, Breach of Implied Warranty of Merchantability and Fitness, Breach of Express Warranty, and Breach of Contract. The Overview: Partner Melanie Rose and her Associate Duncan Campbell recently prevailed on a motion to dismiss due to…
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Monday July 29, 2024
By: Melanie Rose
The Term “Negligence” Is Not Required, but Probably Necessary to Shield Contracting Party from Liability
Legal Alert
From the Desk of Melanie Rose: Contract clauses limiting a party’s tort liability, although generally disfavored, are enforced by Oregon courts when doing so clearly aligns with the intent of the parties. Intent is determined by considering the language of…
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Wednesday July 24, 2024
By: Melanie Rose
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
Plaintiff’s Preexisting Medical Condition Does Not Always Require The “Substantial Factor” Jury Instruction
Legal Alert
From the Desk of Josh Hayward: Multiple potential causes exist in many negligence cases. A defendant might argue, for example, that a plaintiff’s alleged injury was caused by the plaintiff’s preexisting condition, and not the defendant’s negligence. Jury instructions can…
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Thursday February 22, 2024
By: Josh Hayward
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
Can a Medical Professional be Liable to a Patient’s Caregiver?
Legal Alert
From the Desk of Melanie Gillette: A medical professional owes a duty of care to their patients, but can a medical professional be liable for physical injuries to a third party who is not their patient? Read on for more……
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Tuesday October 10, 2023
By: Melanie Gillette
Plead it or Weep: You Can’t Assert a New Theory of Liability in Response to a Motion for Summary Judgment
Legal Alert
From the Desk of Josh Hayward: A motion for summary judgment can be defeated with a showing of a genuine issue of material fact. But can a party bring up new theories of liability—not asserted in the pleadings—in a response…
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Thursday May 18, 2023
By: Josh Hayward
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
Commercial Lines in Oregon – 2022 Year in Review
Webinar
Join Smith Freed Eberhard Managing Partner Bill Taaffe and Partner Melanie Rose as they discuss significant commercial lines cases from 2022 in Oregon with a focus on the impact these cases will have on commercial lines claims management. Watch The Recording…
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Monday April 24, 2023
By: Firm Authorship
Oregon Court of Appeals Rules Special Relationship Required for Purely “Psychic Damages” in Negligence Claims
Legal Alert
From the Desk of Melanie Rose: Recently, the Oregon Court of Appeals was asked to clarify when a plaintiff may recover noneconomic damages in a negligence case when the Plaintiff did not suffer a physical injury. Claims Pointer: In this…
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Wednesday February 1, 2023
By: Melanie Rose
Of Horse and Man: Can a Malnourished Horse Sue Its Owner?
Legal Alert
From the Desk of Josh Hayward: Oregon’s animal welfare laws are some of the most protective statutes in the nation. However, despite the very animal-friendly regulations, Oregon has never recognized an animal as a legal entity with the capacity to…
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Friday January 13, 2023
By: Josh Hayward
Not All Spoliation Spoils A Claim
Legal Alert
From the Desk of Brian Schiewe: Discovery sanctions have become a hot topic in Washington. Recently, we have seen more instances of trial courts imposing discovery violations in the form of default judgments. Just a couple months ago, I published…
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Wednesday December 14, 2022
By: Brian Schiewe
By Failing to Fully Admit Liability, The Door to Distracted Driving Evidence (Cell Phone Use), May Be Opened
Legal Alert
From the Desk of Jeff Eberhard: Can a defendant admit “responsibility” for “causing the accident” and keep out the fact she was on her cell phone at the time? What if Plaintiff alleges that Defendant who caused a rear-end…
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Monday October 10, 2022
By: Jeff Eberhard
What Risks Are Assumed in Construction Work and When Can It Bar Recovery?
Legal Alert
From the Desk of Kyle Riley: A plaintiff’s recovery can be barred if the plaintiff consents to the risks of a specific hazard before encountering that hazard. In this case before the Washington Court of Appeals, defendant Spee West claimed…
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Monday October 3, 2022
By: Kyle Riley
One Defendant’s Negligence is Another Defendant’s Treasure
Legal Alert
From the Desk of Brian Schiewe: Proximate cause is an essential element to a negligence claim and can be hard to prove in asbestos-related cases. Thus, the jury instructions on causation are extremely important in making, or from a defendant’s…
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Monday July 11, 2022
By: Brian Schiewe
Inherent Risk of a Sports Activity Is Not Always a Slam Dunk Defense
Legal Alert
From the Desk of Jeff Eberhard: When a plaintiff alleges a negligence claim for an injury that arose out of the plaintiff’s voluntary participation in a sports activity, a defendant might want to argue that the injury arose from…
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Tuesday July 5, 2022
By: Jeff Eberhard
