An automobile insurance policy provided coverage for the diminished value of a post-accident, repaired car, the Washington Supreme Court has ruled in affirming judgment. The plaintiff's Honda Civic was damaged in a collision. The plaintiff's automobile insurer, Farmers Insurance, paid for the cost of repairs, less the plaintiff's $500 deductible.
PORTLAND, Maine -- The Maine Supreme Judicial Court on Tuesday unanimously upheld a lower court's decision to toss out a slander suit filed against Washington County Sheriff Donnie Smith. The justices found Smith was immune from the lawsuit because the sheriff acted in his capacity as an elected official when he ended the department's relationship with the Maine Drug Enforcement Agency and criticized the off-duty behavior of agent Larry W. Hilderbrand II, who was shown on a DVD flashing his MDEA badge and apparently drinking.
Police did not need probable cause to retain custody of an automobile passenger's purse while awaiting a search warrant for the vehicle, the Washington Court of Appeals has ruled in affirming a drug conviction. The defendant was a passenger in an SUV that police stopped based on probable cause that the vehicle contained drugs. When the defendant got out, she left her purse on the floorboard of the vehicle.
The children of an auto accident victim's predeceased spouse can be considered "stepchildren" entitled to sue for wrongful death under state law, the Washington Supreme Court has ruled in reversing judgment. The plaintiffs are the biological children of a woman who died in a 2007 automobile accident involving a truck. The deceased woman had a husband who died in 1994. The husband had children from a previous marriage. The husband's children sought to join the plaintiffs' wrongful death suit as the deceased woman's stepchildren.
A criminal defendant was denied his constitutional right to counsel when his lawyer mistakenly told him that he would have the opportunity to mitigate the deportation consequences of his guilty plea, the Washington Supreme Court has ruled in vacating a conviction. The defendant is a noncitizen permanent resident of the U.S. He was convicted of rape after entering a guilty plea.
Police officers may have breached a duty of care in failing to prevent a mentally unstable man from shooting and killing a passing motorist, the Washington Court of Appeals has ruled in affirming judgment. The plaintiff's son was killed when a mentally unstable man flagged down his car and shot him with a shotgun.
A state is vicariously liable for injuries sustained by the wife of a state employee as a passenger in her husband's government vehicle, the Washington Supreme Court has ruled in reversing a dismissal. The plaintiff's husband worked for the state as a dam safety inspector. The plaintiff accompanied her husband when he drove in a state-owned vehicle to a distant construction site. During the trip, the husband failed to negotiate a turn in the roadway and crashed. The plaintiff suffered severe injuries in the accident.
Defendants in a jail suicide case could not avoid liability by asserting contributory negligence and assumption of the risk, the Washington Supreme Court has ruled in granting a new trial. The plaintiff's husband used a bed sheet to hang himself in a city jail shortly after police arrested him on outstanding misdemeanor warrants.
A state law requiring plaintiffs to provide 90 days' notice before filing a medical malpractice lawsuit is unconstitutional, the Washington Supreme Court has ruled in reversing a dismissal. The court previously found unconstitutional a certificate-of- merit requirement in the statute. (See "State medical malpractice law unconstitutional," Lawyers USA, June 18, 2009.)
Police needed probable cause in order to obtain a DNA sample from a rape suspect by swabbing the inside of his cheek, the Washington Supreme Court has ruled in reversing a conviction. A jury convicted the defendant of raping a child after DNA recovered from the victim matched DNA obtained from the defendant.
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