HeadsUp for Washington State: Court Opinions From Tuesday, May 6, 2014

HeadsUp for Washington State: Court Opinions From Tuesday, May 6, 2014

Tuesday, May 6, 2014 

To view the full text of these opinions, please visit: http://www.courts.wa.gov/opinions/index.cfm?fa=opinions.recent or Lexis subscribers may use the links below to access the cases on either lexis.com or Lexis Advance. 

Division Two of the Court of Appeals filed 2 new published opinions and announced the publication of 1 additional opinion, and Division Three filed 1 new published opinion on Tuesday, May 6, 2014:

Division Two:

1. Landstar Inway, Inc. v. Samrow
No. 43894-1
(May 6, 2014)
2014 Wash. App. LEXIS 1101 (lexis.com)

2014 Wash. App. LEXIS 1101 (Lexis Advance)


Brief: Plaintiff sued defendant and others over an accident involving plaintiff's truck allegedly caused by the negligence of a pilot car operator dispatched through a limited liability corporation (LLC) of which defendant was a member. Defendant sought and obtained summary judgment dismissing him from the lawsuit, arguing that he was shielded from liability as a member of the LLC. The Court of Appeals partially reverses the order for summary judgment and remands for further proceedings because genuine issues of fact remain about defendant's personal liability under the doctrine of corporate disregard.

2. In re Pers. Restraint of Griffin
No. 42012-1 
(May 6, 2014)
2014 Wash. App. LEXIS 1105 (lexis.com)

2014 Wash. App. LEXIS 1105 (Lexis Advance)


Brief: A jury found the petitioner guilty of one count of first degree assault with a firearm enhancement and one count of attempted first degree burglary with a firearm enhancement. The Court of Appeals affirmed the conviction on direct appeal. The petitioner then filed this personal restraint petition, which is denied; consideration of the petition is barred on procedural grounds because the petition is inadequate and is not timely cured.

3. In re Welfare of A.B. / Dep't of Soc. & Health Servs. v. E.I.
No. 44868-8 
(filed April 1, 2014; ordered published May 6, 2014)
2014 Wash. App. LEXIS 770 (lexis.com)

2014 Wash. App. LEXIS 770 (Lexis Advance)


Brief: The Court of Appeals reverses the juvenile court's order terminating the mother's parental rights and remands for further proceedings, holding that cognitive impairments alone are not parenting deficiencies, and that the Department of Social and Health Services failed to meet its burden to prove that the mother is currently unfit to parent.

Division Three:

Keck v. Collins
No. 31128-7 
(May 6, 2014)
2014 Wash. App. LEXIS 1104 (lexis.com)

2014 Wash. App. LEXIS 1104 (Lexis Advance)


Brief: The Court of Appeals reverses the summary dismissal of the medical negligence suit and remands, holding that the trial court erred in striking the third medical expert affidavit as untimely, denying a continuance of the summary judgment hearing on negligent postoperative care, and denying reconsideration of the summary judgment order on negligent postoperative care.

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