Excluding Defense Experts Wickizer and Partin, By Andrew Ackley and Garth Jones

By Andrew Ackley and Garth L. Jones

Published in the July/August edition of WSAJ Trial News.

For years, plaintiffs’ attorneys have routinely asked their opponents to admit the reasonableness of the amounts billed for an injured party’s medical and household expenses. And for years, the defense bar has routinely admitted such bills, unless there was a specific problem with a bill that warranted a denial or an objection.

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This Should Never Happen: Diver Air Supply “Severed” in Scuba Death

Several news organizations are reporting that the death of Hank Williams Hoskins Sr. resulted from a “severed” air hose when he was diving off the San Juan Islands on October 26.   Mr. Hoskins, 40, was apparently a commercial diver diving without a backup air supply (in many circumstances this is totally normal).  The county medical examiner blamed the death on an “unsafe dive operation,” with disregard for emergency procedures, according to the Bellingham Herald.

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Andrew Ackleylitigation
Pocket amp to keep the peace

Do you know how often sleeping kids love hearing electric guitar?  Pretty much never.  I used to have a headphone amp device that made for so-so sound and looked like a walkman on steroids and probably cost $150.  Who knew you could get nearly full amp sound with effects in the size of a pack of gum and for the cost of cheap toaster?  Now nobody has to hear how rusty I am.

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Crown molding… my nemesis

I have a years-long habit of buying the tools I need only after I discover I need them the hard way.  This means that my first try at almost anything is a disaster.  When the guys at Home Depot start chuckling when you come back in for the fourth time in a weekend, it’s time to buy better tools.

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WA Supreme Court Affirms No Emotional Distress Damages for Tenant Relocation

In a previous post I addressed the limitations on tenants’ legal remedies against landlords.  Today the Washington Supreme Court unanimously found that “actual damages” under RCW 59.18.085 does not include emotional distress damages in connection with tenant relocation from a condemned dwelling.  The Court’s decision is based on its interpretation of the legislative intent of the Residential Landlord Tenant Act (“RLTA”).

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Many Mumbling Mice…

If you’re familiar with the alliterative ABC Dr. Seuss book, you know what the title of this post refers to.  Unfortunately, the mice at issue were not making midnight music in the moonlight, but in our attic.  The pest control guy said they had accessed the attic from tree branches touching our house.

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Why Criminal Assailants Are Not At “Fault” in a Business Premises Case

One of the most commonly misunderstood areas of tort law, including within the legal community,  is the issue of the fault of the assailant.  When a plaintiff files a lawsuit alleging that the business failed to use reasonable care to protect a customer from foreseeable criminal conduct, at the surface level it seems logical that the criminal should share blame.  But that is not the case.

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Tenant Rights in Washington

Tenants in disputes with landlords are one of the most underserved populations in need of legal services.  Landlords can afford to hire attorneys and attorneys are attracted to repeat clients.  Tenants, on the other hand, are far less likely to need legal services again, and their claims are typically not large enough to entice lawyer involvement.

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