Practice Area
Wrongful Death
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 overview of significant cases over the last year and their impact on commercial lines claims management. This webinar will prepare…
Read more »
Friday April 2, 2021 By: Kyle Riley
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 Supreme Court for review in hopes that the court would find that the school district’s conduct was not the cause…
Read more »
Tuesday March 30, 2021 By: Thomas McCurdy
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 the injured person be convicted of, or at least admit to, committing the felony? And if not, what exactly does…
Read more »
Wednesday March 17, 2021 By: Thomas McCurdy
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 Thomas McCurdy: Since our first days as law school students in torts class, the elements of negligence have held strong: duty, breach, causation, and damages. Without evidence to create a question of material fact as to each of these elements, negligence claims can be resolved at summary judgment.  However, as we are reminded in this recent opinion…
Read more »
Thursday April 9, 2020 By: Thomas McCurdy
Legal Alert
Washington Statute Change: Washington Duck Boat Crash Leads to Wrongful Death Statute Change From the desk of Tom McCurdy:  In 2015, a duck boat amphibious vehicle veered across several lanes of traffic in Seattle, crashing into a bus carrying foreign students, killing five. The families of some of those foreign students that were killed sought, but were unable, to file…
Read more »
Thursday May 2, 2019 By: Thomas McCurdy
Webinar
Smith Freed Eberhard Partner Cliff Wilson discusses settlements involving minors and settlements involving estates in Oregon and Washington. This presentation will offer an overview and general instruction on the process of wrongful death claim settlements and minor settlements by touching on a variety of topics including the applicable laws surrounding beneficiaries, damages, settlement, etc. in each state. Cliff will discuss…
Read more »
Thursday April 4, 2019 By: Cliff Wilson
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 liquor liability lawsuits. (OR) Case limiting the scope of Oregon’s elder abuse statute as it pertains to insurance companies.…
Read more »
Thursday November 8, 2018 By: William Taaffe
Legal Alert
Washington Case Law Update: Policy Limit Settlement Exposes Insurer to Bad Faith Claim From the desk of Ashley Nagrodski:  Insurance policies are commonly structured to limit the insurer’s duty to defend up to the point when policy limits are exhausted.  But when there are multiple claimants and the insurer settles the largest claim for policy limits, can the insurer be…
Read more »
Thursday September 6, 2018 By: Firm Authorship
Legal Alert
Washington Case Law Update: Wrongful Death Claim Invalid After Survivorship Claim Against Same Defendants From the desk of Kyle D. Riley: Washington’s wrongful death statute creates a cause of action for the beneficiaries of the deceased.  Where the deceased initially brought a personal injury claim against the defendant, will the deceased’s beneficiaries and estate be barred from bringing a subsequent wrongful death…
Read more »
Thursday June 7, 2018 By: Kyle Riley
Webinar
Smith Freed Eberhard Partner Cliff Wilson discusses minor settlements and wrongful death in Oregon and Washington. In this one hour presentation, Cliff will address the nuances of Oregon and Washington law on these issues, including: When court approval is required when settling claims with minor claimants Whether and when it is permissible to settle a claim with a minor claimant…
Read more »
Friday April 7, 2017 By: Cliff Wilson
Legal Alert
Wrongful Death Claim Accrued Upon Murderer’s Conviction From the Desk of Kyle D. Riley: Claims that are subject to a discovery rule do not accrue until the plaintiff knows or should have known of the facts that make up the essential elements of the claim.  In some wrongful death claims arising out of murder, the identity of the murderer may…
Read more »
Thursday January 26, 2017 By: Kyle Riley
Legal Alert
Oregon Case Law Update: Oregon Expands Liability for Negligent Infliction of Emotional Distress From the desk of Jeff Eberhard: Since 1986, Oregon has followed the impact rule in claims for negligent infliction of emotional distress.  This rule prohibited recovery in claims for emotional distress unless the plaintiff was physically injured. In this case, the Oregon Supreme Court was asked to…
Read more »
Thursday January 19, 2017 By: Jeff Eberhard
Webinar
Smith Freed Eberhard Partner, Bill Taaffee and Partner, Tom McCurdy discuss how the changing landscape of retail could affect you and your claims handling. In this one hour presentation Bill and Tom discuss: Legal standards for claims against retail stores in Oregon and Washington Best practices for managing and evaluating claims against Oregon and Washington retailers Holiday shoppers who slip,…
Read more »
Tuesday December 20, 2016 By: William Taaffe
Legal Alert
Wrongful Death Requires that Deceased Could Have Sued At Time of Death From the Desk of Kyle D. Riley: Washington law provides that a wrongful death action accrues at the time of death.  But when the deceased was aware of the injury and the statute of limitations lapsed prior to death, should the deceased’s dependents have a separate cause of…
Read more »
Monday November 28, 2016 By: Kyle Riley
Legal Alert
    Oregon Case Law Update: When Does a Business have a Duty to Protect Patrons from Violence? From the desk of Jeff Eberhard: In this case, a teenage exchange student was waiting in line at an underage nightclub when she was shot and killed.  The trial court dismissed the claim against the nightclub on the grounds the harm was…
Read more »
Tuesday September 13, 2016 By: Jeff Eberhard
Webinar
Smith Freed Eberhard Partner Bill Taaffe demonstrates how you can use technology and data to more effectively defend and settle your claims. Bill discusses: How to leverage social media to uncover and undermine claims Why email is a double-edged sword The truth about cell phone data and what types of data are practical and available for use How electronic discovery…
Read more »
Thursday July 21, 2016 By: William Taaffe
Legal Alert
From the desk of Kyle Riley: Does Washington recognize a common law wrongful death claim? Claims Pointer: No, Washington does not recognize a common law wrongful death claim. Therefore, the claimant must meet the criteria in the Washington wrongful death statute in order to bring a wrongful death claim. If the claimant does not meet the beneficiary requirements as prescribed…
Read more »
Wednesday October 29, 2014 By: Kyle Riley
Recent Posts