Mickey Gendler became a quadriplegic because of governmental negligence. On the one hand McKenna praised settlement of the case saying it was the right thing to do. On the other McKenna has been pushing the legislature to protect the Government from being sued in the future.
Today Mickey Gendler speaks the truth in an editorial published by The Seattle Times. It is a beautifully written piece. I can hear the outrage in his voice. Government officials should spend their energy protecting the safety of citizens. Instead of trying to create new laws that would give them a free license to harm.
This Monday marks a decade since our client Kris Kime was beaten to death during the Mardi Gras Riots.
I had the privilege of representing the family. They came together to my office. Ken the father, Kim the mother. And even though they had long since been divorced, they came united as a family. I came to know Kimberlee, Kris’ step mom. His brother Keith. His sister Kirsten. His brother Cameron. His grandparents. Through them, I learned who Kris was and how much he was loved. I wept with them when his killer Jerrell Thomas was convicted and sentenced to present. I wept with them when his conviction was overturned for legal reasons and his sentence plea bargained down. I went to Kirsten’s wedding and met some of the people who had received Kris’ organs. I’m thankful for facebook so I can see what they are up to. And my breakfasts with Kim who is one of the most caring people I’ve ever known.
Kris Kime would have been 30 years old on Monday. His life was too short. But it was not in vain.
King5 did a show in memory of one of the most shameful incidents in our city’s history. A moment when police were ordered not to help citizens in need. They did a 2nd story on the killer. If you are in pioneer square visit Kris’ memorial by the pergola. Light a candle. And think of the greater humanity that this young man and his family stand for.
Earlier this week, Paul Stritmatter received the “Legacy Award” from the Hoquiam Business Association. The award was in honor of Paul’s work in the community. Most recently, Paul initiated the “Paint the Corridor” project, which was initially focused on sprucing up the town for tourists, by painting 26 owner-occupied homes. However, the project quickly turned into a celebration of volunteerism and hometown pride.
Ray Kahler received the “Next Generation Award” as a young professional on the rise. He was recognized especially for his talents displayed at the 7th Street Theatre.
Kudos to both of you, Paul and Ray! We’re proud of you for doing so much outside the office, in addition to all that you do for your clients!
Despite the historic recession, health insurance rates are sky rocketing. Our small group has seen our Regence premiums grow 150 percent over the past decade. As bad as that is, it is less than the 201 percent increase by Premera.
Mike Kreidler, our Insurance Commissioner is one of the best public officials our state has ever had. He is requesting the legislature to enact HB 1301 (SB 5247). This would allow him to consider a not-for-profit health insurer’s surplus when regulating its rates.
The insurers are up in arms. They say consumers need “strong muscular companies.” They use scare tactics by alluding to possible earthquakes, epidemics, and President Obama’s health reform. But according to The Seattle Times they have piled up $2.4 Billion in surplus – triple what it was ten years ago.
No one can afford to send more lobbyists to the halls of our government than insurance corporations. But we the people can join together to support Kreidler and the legislators who will vote for this bill.
We need to stop the madness. Insurers need to be regulated. Enough is enough.
In the “old days,” plaintiffs were often shocked when judges ruled they had to turn over their personal diaries to the defense lawyers. Their deepest most personal thoughts were laid bare before the scrutinizing eyes of the defendants, their experts, and sometimes juries.
Facebook is the new diary. And defense lawyers want everything ever posted to a plaintiff’s profile. Because social networking is relatively new, the courts are not uniform in how they treat posts.
In New York, one judge recently ruled the defense was entitled to dig through Facebook:
“Plaintiffs who place their physical condition in controversy, may not shield from disclosure material which is necessary to the defense of the action.”
Some courts refused to grant these types of discovery requests, calling them “fishing expections.” But there seems to be a growing trend favoring the defense.
If you are in litigation, it is wise to discontinue your social networking until the end of the case. Alternatively, use the highest privacy settings available. And do not post anything related to your case or that may be used against you.
In case you missed it, an insightful editorial appeared in this Sunday’s The Columbian, “Courts keep failures by state agencies in check.” Magana and Wieland point out the serous problems with endorsing special legal protections for state government agencies whose negligent actions or inactions cause harm to citizens.
Importantly, Magana and Wieland explain that “government is never responsible for anyone’s actions but its own, and is never judged on any failures or bad choices except for its own.” Only if “but for” the government’s failures did an injury arise, then it could it then be held liable.
Please read the piece in its entirety for a thoughtful and accurate explanation to understand why we must continue to hold the government accountable via lawsuits in Washington state.
In the interest of full disclosure, one of the authors of this editorial is Jesse Magana, a client of Stritmatter Kessler Whelan.
Hailey’s Law is named after a woman who was almost killed. A a drunk crossed the center line and plowed into her AFTER already being pulled over once that night. The drunk – Janine Parker – called a cab who took her back to her car.
Hailey’s law is being considered by our legislature. If it passes, drunk drivers’ cars would be impounded for a mandatory 12 hours after their arrest.
People against the law complain that towing and impound charges would have to be paid by the driver. But payment of such a small and deserving price, would have spared Hailey 15 surgeries.
Celebrity DUI mug shots seem to be gaining popularity. But there’s nothing glamorous about causing an accident and killing or maiming an innocent person. Contact your representative and urge them to pass this bill.
As we head into this year’s first legislative session, the law firm of Stritmatter Kessler Whelan (SKW) wants to provide an informational resources via a new website, KeepWASafe.com. As the days and weeks progress, please visit it frequently for more information, which will help you understand why the agenda to bar lawsuits against the state for tort cases will make Washington less safer for all of us.
We welcome your comments and questions.
We pay a lot of taxes. Our Government gets to use those taxes to supposedly help take care of us. It is supposed to build and maintain safe roads for us. Monitor and take care of our state’s abused children. Make sure that criminals on parol are actually being watched over so they don’t kill us in our sleep.
But our government doesn’t always do a good job. We find this out through tragic headlines. We find it out when people sue to hold the Government accountable. To prevent bad practices from continuing.
Our State Attorney General wants to limit lawsuits against the Government and its insurance companies. It wants to create a special class that is above the law. And it wants to be the only one in that class.
All the rest of us are responsible if we mess up. But the Government won’t be if new laws are passed.
This may save money in the short run. But what about the long haul. If we take away government checks and balances, then what kind of a monster will we be creating. What incentive will the government have to get things right – if they are above the law.