Author Archive for Jen Petersen – Page 10

Legal Tech: A New Avenue to Legal Justice in Washington State

There’s a new option for those in need of legal services in Washington State in the area of family law.  The newly created Limited License Legal Technician (LLLT or “triple-L T”) role was designed to address the need for legal assistance for those who cannot afford a lawyer.     Washington is the first state in the country to offer this level of legal expertise, expanding access to legal assistance for our state’s citizens and making help more attainable.

LLLTs are trained and licensed to offer legal advice and assistance in family law matters, including divorce, child support, paternity, minor parenting plan modifications, and other trying family law issues that leave many people mentally, emotionally, and financially exhausted.  LLLTs are frequently compared to a nurse practitioner in the medical field.  A nurse practitioner can provide many valuable treatments that a registered or licensed practical nurse cannot – and that would be more expensive when rendered by a doctor.   Likewise, a Limited License Legal Technician is an option for those who need legal help that a paralegal is not permitted to provide, and at a lower cost than retaining a lawyer.

A LLLT cannot represent a client in the courtroom or negotiate on a client’s behalf. They can, however, help clients understand their legal options, explain the relevancy of facts, educate them on the legal process and applicable procedures, perform legal research, select and complete legal forms, and review and explain paperwork that is oftentimes voluminous and confusing.

Having taken the lead nationally on the issue of increasing access to legal services to a broader cross-section of the public, Washington State is proud to have become the home of this pioneering new frontier in legal representation.  It is an opportunity for Washington to provide a shining example by making justice a more accessible commodity. To learn more on the topic, please see What is a Legal Technician?

We would like to take this opportunity to congratulate Jen Petersen, of Shepherd and Abbott, for becoming the first LLLT in Whatcom County and the fourth LLLT to be licensed in Washington State. We’re so proud of your accomplishment.

Well done, Jen!

Apple Hit With Massive Class Action Lawsuit, Again

Apple-lawsuitJust last week on the 23rd of October, a class action lawsuit was filed in a California federal court against the Apple computer corporation. In the case entitled, Phillips v. Apple Inc., the plaintiffs claim that Apple failed to do its due diligence in advising their customers that the i0S9 contains a feature by default which is called “Wi-Fi Assist,” and that this feature will automatically and without warning cause the devices to switch over to consuming mobile data.

The feature is billeted as a connectivity protection feature as it is meant to prevent service interruptions by seamlessly engaging the switch from Wi-Fi over to mobile data. The problem arises, the plaintiffs say, where Apple chose to willfully neglect to inform i0S9 users that they would be using mobile data, or to offer them a way to disable the feature.

The plaintiffs in the litigation are contending that the i0S9’s default setting, which causes users to consume more cellular data and thereby running up much higher monthly cellular service bills, amounts to an illegal price gouge.

The  Apple company claims that the feature is designed to improve the users’ experience with their iPhones by eliminating interruptions. But the plaintiffs say Apple was not forthcoming as they should have been by making the Wi-Fi Assist feature a default and not telling customers about it up front. They claim Apple has violated both California’s Unfair Competition Law as well as its False Advertising Law.

The plaintiffs also claim that the data charges incurred by the automatic feature are excessive. Further, they assert that the unfair charges imposed on Apple’s customers add up to more than $5 million in total damages.

In response to the class action law suit, Apple has since published new instructions to its website that advise customers about the heretofore hidden feature and help them to disable it if they so choose.

The instructions read: “The Wi-Fi Assist feature is activated by default. If you do not want your iOS device to remain connected to the Internet during poor Wi-Fi connection, you have the option to disable the Wi-Fi Assist feature. Navigate to Settings > Cellular. Scroll down and then tap Wi-Fi Assist.”

It remains to be seen if the company will change the default settings in iPhones that have yet to leave the shelf.

Eugenie Bouchard Sues Over Fall on Tile at US Open

Eugenie Bouchard not only played, but won her final match at the US Open several months ago. Now, five weeks later, she’s filed a lawsuit against the United States Tennis Association and its Billie Jean King National Tennis Center. While she was attending the event, she fell in the physical therapy room sustaining a head injury as a result of the condition of the tile floor.

Bouchard-law-suitThe Incident

According to the lawsuit, on September 4th, Bouchard fell as a result of “a slippery, foreign and dangerous substance on the floor.” The lawsuit states the tournament caused the condition of the floor and failed to provide any warning about that condition. The substance was a cleaning agent that was supposed to be left on the floor overnight, during a time when the floor would not be in use. Bouchard entered the room after a late mixed doubles match and a news conference that followed.

There was no response from the tournament about the incident. However, Benedict Morelli, the attorney Bouchard hired, stated that if the organization planned to perform this type of task, they should have closed and locked the door, which they did not do.

Bouchard Still Suffering

The 21-year old Bouchard is still struggling with her injury, her attorney points out. She was forced to withdraw from a tournament in Wuhan, China as a result. The previous year, she managed to reach the final at that tournament. And, dizziness caused her to withdraw from another match occurring in Beijing. According to reports, she’s also had to withdraw from events in Tokyo and Hong Kong.

In addition to being unable to compete, the inability to play has impacted her rankings in the world. She peaked at Number 5 in 2014, but this year she has dropped to Number 39. At the time of the incident, she was at Number 25.

At the time of the filing of the lawsuit, her attorney stated that they could be seeking millions of dollars in losses as a result of the incident. However, because her symptoms are still unknown, there was not specific dollar amount listed. Additionally, the lawsuit requests a jury trial.

Woman Wins $3 Million Lawsuit in Manhattan Beach Flying Golf Disc Case

A woman from Hermosa Beach won a $3 million lawsuit filed against Manhattan Beach after being struck by a flying golf disc at Polliwog Park in 2012. Noreen Goodbody settled for this amount after losing vision in one eye when a flying golf disc hit her in the face. Goodbody, who was watching her daughter participate in a cross-country race at the time, filed the lawsuit in 2013.

 

The flying golf disc caused severe injuries to Goodbody’s eye, including a traumatic cataract and detached retina. Despite undergoing four surgical procedures, doctors were unable to restore her vision. Goodbody was out of work for four months and is unable to perform certain tasks, such as driving on freeways, due to a lack of depth perception caused by her injuries. Her medical bills ended up costing more than $202,000, and she continues to experience medical issues that might require additional surgeries.

 

flying-disc-lawsuitMost of the $3 million settlement was covered by Manhattan Beach’s risk management group policy, while the city itself paid $500,000 toward these costs. Following Goodbody’s injuries, the city took steps to limit the risk of further incidents, such as covering flying golf disc baskets during busy times at the park or when special events took place. However, a second incident occurred in 2013 when a 6-year-old boy was hit in the head by a flying golf disc, leading to life-threatening brain injuries and another lawsuit filed against the city. In 2014, City Council officials decided to close down the flying golf disc course for an indefinite period of time.

 

According to Goodbody’s attorney, David Lederer of Lederer & Nojima, the park is unsuitable for this type of sport. In fact, Manhattan Beach’s Municipal Code prohibits any form of golf games in local parks and playgrounds. Numerous complaints have been made by drivers and pedestrians since the course opened in 2005. The layout of the course requires players to throw heavy flying golf discs near benches, the park’s playground and across paths. With the indefinite closure, city is ensuring that no other flying golf disc incidents occur.

$1.5 Million Spokane Bus Settlement Skirts Liability Issue

A woman injured when the SUV in which she was a passenger rear-ended a Spokane Transit Authority (STA) bus has settled with the company for $1.5 million. The settlement carries no admission of liability.

Danielle Laughner was a bride of only one day when the SUV driven by her husband Brian Laughner struck the bus. Despite the STA settlement, her husband’s insurance company paid $25,000 after he was deemed responsible for the collision, according toThe Spokesman-Review.

STA-lawsuitThe accident occurred on March 4, 2011. The bus driver stopped in the right lane of four-lane U.S. Highway 2 rather than on the nine-foot shoulder next to a bus stop. He said he sought to avoid merging back into traffic and that the bus flashers were on.

Danielle Laughner suffered a fractured pelvis, compound wrist and hand fractures, and other major injuries. To extract her, workers cut off the top of the SUV.

Journalist’s Resource reports that the University of Michigan’s Transportation Research Institute found that an average of 63,000 buses of all types are involved in accidents annually. Some 14,000 of these mishaps are linked to personal injury. Around 325 prove fatal.

In its safety tips, the Federal Motor Carrier Safety Administration cautions bus drivers to be aware of potential No-Zones, blind spots where collisions are likely to happen. Brian Laughner indicated that his view of the STA bus was blocked initially by a delivery van between his SUV and the parked bus. State transportation authorities had already discussed how to get funds for a wider bus stop.

Danielle Laughner’s attorney argued that the bus driver’s failure to pull off the highway created a traffic hazard. Her legal team also found that one STA driver policy cites the need for drivers to move off the road whenever possible.

STA attorneys countered that it was up to the bus driver’s discretion whether to pull over or not. The Washington State Transit Insurance Pool settled the case, which carried no admission of liability.

In the end, though Danielle Laughner collected a settlement, it was the so-called following car doctrine that prevailed regarding her husband’s responsibility for the accident.

Man Sues Park for Pinecone

An enormous pine cone allegedly fell on Sean Mace’s head when he was resting under one of Maritime National Historic Park’s pine trees last October. Weighing in at 16 pounds, Mace – a U.S. Navy veteran — says that the injury he sustained from the falling conifer caused him “significant brain damage.” He is suing the park, managed by the National Park Service, as well as the Department of the Interior for five million dollars in damages. He says that parks should post signs to warn visitors about the possibility of sustaining injuries from pine cones that fall from trees. The lawsuit cites “dangerous conditions of public property and negligence” on behalf of the park.

Photo credit: Imgur

Photo credit: Imgur

The park, which is in the San Francisco Bay Area, did post that signage after Mace sustained his injuries, the lawsuit says. They also placed netting and barricades around the trees so that visitors would not get too close. But that was too little too late for Sean Mace.

According to Mace’s attorney, Scott Johnson, Mace was “immediately rendered unconscious. Blood was going everywhere.”

After the mishap, he was transported to San Francisco General Hospital where he was treated for brain swelling. According to Johnson, Mace suffered some short-term memory loss as a result of the injury, and may need more medical care in the future.

Johnson also said that Mace still has a “tremendous degree of anxiety” and continues to fear another blow to the skull. “It’s like a bowling ball falling from the sky and hitting you on the head,” said Johnson.

A park spokesman said that it is against the park’s policy to offer a comment on ongoing court cases.

The bunya pine, which produces the enormous pinecones, is a native species of southeast Australia. There, pinecones can grow to weigh as much as 40 pounds and be as large as watermelons. In the Australian town of Warragul, these bunya pinecones were a public health risk. The pine cone threatened to fall on tourists visiting the Warragul court house. Arborists were called in to find a solution, and there were no reported fatalities in that case.

Corporate Stupidity Leads to Massive Liabilities

If the claims about Volkswagen’s “stealth EPA software” prove true, as it increasingly seems to be the case, it will present yet another case of management arrogance that will cost corporate shareholders billions of dollars.

It is difficult to call the supposed plan to beat the EPA at the emissions game as anything but stupid and short-sighted. The first lawsuit filed will be joined by numerous others around the globe. In fact, more than 25 class actions were filed around the U.S. within four days of the cheating being alleged in national media.

VW-cheating-EPA-Impact

Thus far, the management team at Volkswagen has provided an initial admission that it cheated on U.S. Environmental Protection Agency emissions tests. These are tests conducted for every manufacturer to determine the mileage performance of the vehicles. Those autos with good mileage numbers are promoted in marketing campaigns as cost-effective. That was the case with Volkswagen’s push to entrench its four-cylinder diesel in the U.S. market.

As is currently understood, VW equipped up to 11 million of its vehicles with software that would turn on when being subjected to EPA tests or test-like conditions. If the software detected that situation, it would cause the engine to operate in something like a safe mode, where normal power use and performance were throttled down. This allowed the test results to show substantially higher fuel economies than would result under normal use. Once on the road, the software switched off and returned the engine to full performance.

Aside from the actual offense of cheating, the environmental impact of the deception is claimed to be substantial. Each car that was sold is reported to have generated up to 40 times the allowable pollution (nitrogen oxide) that was used as a test standard.

On top of the lawsuits being filed en masse, criminal investigations are being launched, and other governmental actions are sure to be initiated. With at least a half-million vehicles known to be affected by the plot, but up to 11 million autos equipped with the “defeat software,” and potential fines of $37,000 per auto, the numbers involved are potentially staggering.

Volkswagen has retained Kirkland Ellis LLP, known for its work in defending British Petroleum after the disastrous Deepwater Horizon oil spill, as counsel.

Corporate Responsibility and Personal Accountability on Trial in Utah

The debate over whether corporate accountability trumps personal responsibility is on the legal docket of Utah’s 3rd District Court.  In the wake of a drunken attack at Snowbird Ski & Summer Resort’s annual Oktoberfest last year, which left three participants badly hurt, and another three standing before the bar with third-degree felony assault charges lodged against them, the suit’s plaintiffs filed the lawsuit against the resort for failing to control the sale of alcohol at the annual event.

altercation-quoteAccording to documents filed with the court, the plaintiffs, Brent Anderson, his wife Laura, and their adult son, Thadius Grzeskiewicz, were allegedly attacked after exiting the tram at the top of Hidden Peak following a verbal conflict with the defendants during the ascent.

In assigning blame, the plaintiff’s attorney, James McConkle, noted, “No Snowbird employees or security, either at the peak or on the tram, took any steps to protect our clients from what was clearly a foreseeable danger given the heavy drinking that was going on.”

The attorney went on to say that, the Oktoberfest celebrations have taken on a “spring break” cast in participant’s behavior, and holding a drinking festival in a mountainous canyon presents safety problems for those attending.  The lawsuit seeks unspecified monetary damages for personal injuries, medical costs, lost wages, and pain and suffering.

In statements countering the charges, Snowbird Resort President, Bob Bonar, argued that responsibility belongs with the participants in the altercation rather than with the resort.

“Guest and employee safety are a top priority,” according to Bonar, “this is an unprecedented event involving two parties that should have walked away from each other to prevent this altercation.”

To buttress his claim, Bonar added that in the Snowbird’s 44-year history of holding the festival, not once have they been subject to alcohol violations by local authorities.  He also took to task the notion that the festival’s location presents a hazard to public safety.

“Snowbird offers free rides home to any guest requesting the van services of Canyon Transportation,” said Bonar.  To expand riding opportunities, the Snowbird Ski & Summer Resort has collaborated with Uber on a ride program designed to get the resort’s participants home safely.

Whether corporate accountability will be trumped by personal responsibility is now in the hands of Utah’s 3rd District Court.

Beaten Brothers Sue 49ers for Lack of Stadium Security

For those of us familiar with the tales of riots following intense hockey or soccer games, it comes as no surprise that some passionate sports fans are capable of serious aggression and violence. But it’s not specific to any one sport;  as two 49ers season ticket holders discovered last year, sometimes the alcohol and the energy of football fans can lead to unexpected danger.

bad-applesWhile attending a 49ers game in 2014, brothers Kiran and Amish Patel were attacked in a Levi’s stadium bathroom by two reputed gang members, Dario and Amador Rebollero. The incident was supposedly captured in a video posted on YouTube, in which one man punches another three times while other fans stand aside and watch. This summer, Amador was sentenced to five years in prison after pleading guilty to two felony assault charges related to the incident. That’s not the end of it, say the victims–now, they’re suing the team.

According to the Patel brothers’ lawsuit, filed last Friday with the Santa Clara County Superior Court, the San Francisco 49ers did not ensure the proper stadium security to protect fans from the possibility of violence. Not only does it call out their own beating incident, but it also alleges that the team was already aware of the possibility of violence at NFL games, and suggests that the 49ers are simply too lax about it, especially given the recent legal troubles of some of the team’s own players (Bruce Miller and Ray McDonald, for example). The lawsuit also does not specify a dollar amount for damages, suggesting that both brothers are still receiving medical care for related injuries.

Of course, the 49ers maintain that they were equally appalled by the incident and applaud the Santa Clara Police Department’s response, emphasizing that the safety of all visitors and NFL fans is of the utmost importance. Additionally, city officials have begun to consider restricting alcohol consumption at sporting events.

Is this a case of mislaid blame for the actions of two bad apples, or is it a legitimate lawsuit needed to bring an institutionalized acceptance of violence into check? That’s the difficult question that only Santa Clara County will have the authority to answer, now.

Paul Walker’s Daughter Engaged in Complex Wrongful Death Lawsuit

Wrongful death suits can be complex matters requiring the aid of a competent legal professional. A good example of this complexity is the pending civil lawsuit in the death of Fast and Furious movie franchise actor Paul Walker. Meadow Walker, the daughter of the deceased superstar actor, has filed a lawsuit against Porsche, the maker of the car in which her father died. It is her belief that Porsche bears responsibility for Paul Walker’s death because the car had design defects, helping precipitate his death.

porsche-paul-walker-lawsuitThe Accident

In 2013, Paul Walker sat in the passenger side of a Porsche Carrera GT during a charity event. The driver, Roger Rodas, apparently sped along between 80 to 90-mph before running into a pole. As expected, this high-speed collision led to a fire, after which authorities pronounced both men dead.

The Lawsuit

16 year-old Meadow Walker contends that her father survived the crash, which would mean that it was not the proximate cause of death. Instead, she opines that the failure of Porsche to install certain safety features led to the occupants being trapped until caught in the blaze.

She believes that the proper safety control features would have prevented the seat belt of Paul Walker from violently snapping his torso and breaking other parts of his body. Immobilized, he lay in wait as the flames engulfed him and his friend, driver Roger Rodas.

Porsche challenges this narrative, claiming that they and the investigators are correct that the reckless driving of Roger Rodas was the primary cause of the deaths.

Elements of Wrongful Death

There are some elements that must be present in the facts for a plaintiff to be successful in a wrongful death lawsuit.

  • Duty-the defendant (here Porsche) must have had a responsibility to protect the victims.
  • Breach of Duty-the defendant failed in handling their responsibility to provide protection.
  • Causation-the actions of the defendant were the direct cause of death.

In general, Meadow Walker must prove that Porsche’s manufacturing of the car failed to provide the level of expected safety. Also, she should demonstrate that beyond this failure, nothing else played a more direct cause of the occupants’ deaths. The automaker is clearly challenging the causation, steadfastly contending that the driver was reckless.

As is common in these cases, it will take time to discern just what was the ultimate cause of the deaths. Wrongful death is a legal specialty best left to the professionals. For this reason, it is always wise for anyone involved in such a lawsuit, whether plaintiff or defendant, to consult a personal injury attorney as soon possible.