Practice Area
Negligence
Court Strikes Opposing Party’s Counterclaims Due to Failure to Comply With Discovery Orders
Success Story
Claims Alleged: Negligence Injuries Alleged: Concussion; and Property Damage Admitted Liability: No The Overview: Smith Freed Eberhard achieved a great result for our client in Washington State Court when the court granted our client’s Motion to Strike the counterclaims the…
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Wednesday October 13, 2021 By: Narmina Sharifova
The Briefing: Do Hospitals Owe a Duty to Protect Others Against Violence of a One-Time Patient?
Podcast
Welcome to The Briefing - a legal podcast by Smith Freed Eberhard. We will provide insight and analysis on new Oregon and Washington case law, litigation innovation and technology, the insurance marketplace, and firm news. In the first episode, Justin…
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Thursday May 6, 2021 By: Brian Schiewe
Do Hospitals Owe a Duty to Protect Others Against Violence of a One-Time Patient?
Legal Alert
Listen to Our Legal Alerts on the Following Platforms: From the desk of Brian Schiewe: In Washington, a person usually does not have a duty to control another’s behavior. There are few scenarios where someone can be found liable for…
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Monday April 19, 2021 By: Brian Schiewe
Washington Commercial Lines – 2020 Year in Review
Webinar
Smith Freed Eberhard partners Kyle Riley and Gordon Klug discuss significant cases of the past year in Washington, with a focus on commercial lines claims management. Why Watch This Webinar? This webinar is designed for claims professionals and provides a basic…
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Friday April 2, 2021 By: Kyle Riley
Can a School District Escape Liability for a Student’s Death?
Legal Alert
From the desk of Tom McCurdy: Last year the Washington Court of Appeals issued an opinion that addressed when a school district can be held liable for the injury or death of its students. The school district petitioned the Washington…
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Tuesday March 30, 2021 By: Thomas McCurdy
Killed While Committing a Felony – What Proof is Required to Escape a Wrongful Death Suit?
Legal Alert
From the desk of Thomas McCurdy: Washington provides a complete defense for personal injury or wrongful death lawsuits when the person injured (or killed) was committing a felony at the time of injury. But to be provided this defense, must…
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Wednesday March 17, 2021 By: Thomas McCurdy
Too Emotionally Distressed to File a Claim for Emotional Distress? Don’t Worry You May Still Have Time
Legal Alert
From the Desk of Melanie Rose: Plaintiffs do not have endless time to file their legal actions. Rather civil claims are subject to statutes of limitation, which require a lawsuit to be filed within a specified amount of time based…
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Monday February 22, 2021 By: Melanie Rose
Once Again, Oregon Court Holds Foreseeable Harm Must be Broadly Construed
Legal Alert
From the desk of Bill P. Taaffe: In Oregon, to prove negligence, a plaintiff must show the harm he or she suffered was foreseeable.  How one characterizes the harm—i.e., “a head injury” versus just “an injury”—clearly has a significant impact…
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Wednesday January 27, 2021 By: William Taaffe
Qualified for Recreational Use Immunity? You May Still be Liable
Legal Alert
From the desk of Ashley Nagrodski: Washington has a recreational use immunity statute that shields landowners from liability for injuries that occur on their property. However, there is an exception to this immunity which means a qualifying defendant may still…
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Thursday January 7, 2021 By: Firm Authorship
Is a Driver Responsible for an Auto Accident if They Lose Consciousness Behind the Wheel?
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…
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Tuesday December 1, 2020 By: Thomas McCurdy
Top 10 Things to Know About Discovery in the Information Age
White Paper
  Whether or not you viewed our webinar, Discovery in the Information Age, you'll want to download our complimentary cheat sheet that summarizes the key takeaways from the webinar about how you can better use technology to more effectively defend…
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Tuesday November 26, 2019 By: Jeff Eberhard
Washington Case Law Update: Unusual Injury Suffered While Riding a Roller Coaster Allows a Plaintiff to Utilize the Doctrine of Res Ipsa Loquitur
Legal Alert
Washington Case Update: Unusual Injury Suffered While Riding a Roller Coaster Allows a Plaintiff to Utilize the Doctrine of Res Ipsa Loquitur From the desk of Kyle D. Riley: In personal injury lawsuits alleging negligence, the plaintiff has the burden of…
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Thursday April 18, 2019 By: Kyle Riley
2018 – Year In Review – Commercial Lines in Oregon
Webinar
Smith Freed Eberhard Partner Bill Taaffe discusses major cases of the past year in Oregon. In this one hour presentation, Bill focuses on the following cases: (OR) Case affecting the discoverability of physician-patient communications.(OR) Cases enforcing the complicity doctrine in…
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Thursday November 8, 2018 By: William Taaffe
Oregon Appellate Update: Oregon Supreme Court Grants Review in Two Important Cases -Tort Cap and Dram Shop
Legal Alert
Oregon Appellate Update: Oregon Supreme Court Grants Review in Two Important Cases - Tort Cap and Dram Shop From the Desk of Jeff Eberhard: On November 1, 2017, the Oregon Court of Appeals issued two separate decisions, both of which have…
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Thursday May 24, 2018 By: Jeff Eberhard
Washington Case Law Update: Court Rules that Implied Warranty of Habitability Does Not Extend to Tenant’s Guest
Legal Alert
Washington Case Law Update: Court Rules that Implied Warranty of Habitability Does Not Extend to Tenant’s Guest From the desk of Kyle D. Riley: Under common law in Washington, landowners may be liable for failure to maintain a safe and habitable…
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Thursday May 17, 2018 By: Kyle Riley
Oregon Case Law Update: Patron Not Prohibited from Filing Third Party Complaint Against Alcohol Provider
Legal Alert
Oregon Case Law Update: Patron Not Prohibited from Filing Third Party Complaint Against Alcohol Provider From the Desk of Jeff Eberhard:  A few months ago, the Oregon Court of Appeals held that ORS 471.565(1), which prevents a patron who voluntarily…
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Wednesday April 18, 2018 By: Jeff Eberhard
Diligent Preparation and Spotting Fatal Flaws in the Other Side’s Case Leads to Favorable Outcome
Success Story
SFE Attorney: Ryan McLellan Plaintiff Attorney: Kathryn A. Hall City, County, State: Jackson County Circuit Court, Oregon Claims Alleged: Injury to Horse (Property Damage) Injuries Alleged: No longer able to carry foal Admitted Liability: No Amount Claimed: $65,000 The Overview…
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Thursday March 22, 2018 By: Ryan McLellan
Recent Posts
  • Steve Murphy Joins Smith Freed Eberhard as Associate Attorney Please join us in welcoming Steve Murphy! Steve has joined…
  • Jeremy Miller Joins Smith Freed Eberhard as Associate Attorney Please join us in welcoming Jeremy Miller! Jeremy has joined…
  • Meet Narmina Sharifova, Our Newest Associate Attorney at Smith Freed Eberhard Please join us in welcoming Narmina Sharifova! Narmina is based…