Over the past year, our firm has experienced a surge in calls from pedestrian-related accidents. So when I read read the most recent annual GHSA Spotlight on Highway Safety Report (released Mar. 8, 2016), I wasn’t surprised to see that pedestrian fatalities were up by 28% in Washington State. A recent Seattle Times article also cited the GHSA report, which pointed out that pedestrian deaths increased from 32 in the first six months of 2014 to 41 during the same period last year, a 28-percent increase.
A couple takeaways that I find especially valuable: 1) pedestrian deaths are much higher at non-intersection related accidents (e.g., not waiting to cross at an intersection) and 2) walking at night is far more likely to lead to a fatality than walking at dawn or dusk.
Since our move to our new building, our firm continues to scale to new heights. Figuratively, we helped shape and advance law to make the roads safer in our state: The Washington Supreme Court‘s unanimous decision of Wuthrich v. King County was one of our more recent victories, which tossed out old law and clearly stated that governmental entities have the same duty as private landowners in maintaining their land so that people can travel safely on adjacent roads.
Literally, we have people scaling our building at our new location to hang exterior signage.
But, we are focused on our work…
But, we can still enjoy the fact that we are loving our new building, inside and out. Pictured below is our new reception signage.
*NOTE: Stritmatter Kessler Whelan is now officially Stritmatter Kessler Whelan Koehler Moore Kahler
Today, January 28, 2016, is Data Privacy Day. Big deal? It actually is: The first Data Privacy Day that occurred in the United States and Canada was in 2008, which was observed as an extension of the Data Protection Day celebration in Europe. Data Protection Day commemorates the Jan. 28, 1981 signing of Convention 108, which was the first legally binding international treaty dealing with privacy and data protection.
Now led by the National Cyber Security Alliance (NCSA), Data Privacy Day has become the signature event promoting privacy awareness. Without committed defenders of privacy, like the Electronics Frontier Foundation, we would not have seen a complaint filed with the FTC against Google for unauthorized collection of school aged children’s information, when they are using Google Apps and Chromebooks in their schools. Google’s unauthorized collection of personal information from school children via Chromebooks and Google Apps for Education (GAFE)—caught the attention of Senator Al Franken, a ranking member of the Senate Judiciary Subcommittee on Privacy, Technology and the Law. Franken responded by writing a letter to Google CEO Sundar Pichai asking for information about GAFE’s privacy practices.
The first step to ensure that our student privacy campaign succeeds, is to educate ourselves as parents. This way, we can direct our energy and knowledge effectively. On this Data Privacy Day, take the time to check out the resources that the Electronic Frontier Foundation compiled to regain control of your children’s privacy. Please spread the word about student privacy by sharing these and similar resources with other parents!
I can’t emphasize enough how important it is that parents understand their and their children’s rights. We live in a world where parents may be asked by schools to waive those rights before their youngsters are permitted to use technology in the classroom. Third parties will too often encourage parents to give schools consent to release their children’s information to those very third parties.
Interested in becoming part of the “privacy defender team?” There are many ways in which you can get involved.
- Create a culture of privacy at your organization.
- Own your personal online presence.
- Share your privacy knowledge with your local communities.
- Attend a Data Privacy Day event.
- Become a Data Privacy Day Champion.
NOTE: This blog post is republished from my PrivacyLawDiva blog post.
Often my heart swells with pride for the work that my firm does because the results from our cases truly make our state safer for everyone. Today is one of those days: In a unanimous decision in Wuthrich v. King County, the Washington State Supreme Court held that a municipality has a duty to take reasonable steps to address overgrown roadside vegetation that makes the roadway unsafe for drivers approaching an intersection.
Today’s decision advances roadway safety for anyone who travels the roads in Washington State. As our state’s highest court maintains: A municipality has the overarching duty to provide reasonably safe roads and must be held to the same standards as that applied to private parties.
Our state’s supreme court now explicitly rejects old law that held that a municipality’s duty is limited to mere compliance with applicable law. Moreover, an “inherently dangerous condition” does not exclusively depend on a condition that “exists in the roadway itself.” A hazard may exist as a situation along a highway, such as overgrown bushes that obstruct drivers’ view of oncoming traffic.
The decision today stems from a June 2011 lawsuit that Guy Wuthrich filed against Christa Gilland and King County. Guy was riding a motorcycle on Avondale Road NE in King County, approaching an intersection with NE 159th Street on June 20, 2008 at about 5:15 PM. Drivers on 159th St. have a stop sign at the intersection, but drivers on Avondale Road do not. Christa Gilland was driver a car on 159th Street. When she reached the intersection with Avondale Rd., she stopped to wait for passing traffic. She did not see Guy approaching from her left. She turned left onto Avondale Road and collided into Guy’s motorcycle, resulting in serious injuries to Guy. The lawsuit alleged that the County was liable for Guy’s injuries because the wall of overgrown blackberry bushes on County property obstructed Ms. Gilland’s view of traffic at the intersection. The trial court dismissed the action against the County on summary judgment. The Court of Appeals affirmed in a split decision.
Some of you may have already seen our Ray Kahler argue before the Supreme Court. But, in case you missed it and want to hear some stellar arguments, click here. Kudos to the entire team, including Ray, Keith Kessler, Garth Jones and Brad J. Moore.
With the quiet launch of the First Hill Streetcar this weekend, I am reminded of client Daniel Ahrendt‘s amazing recovery from his bicycle crash at an intersection, where the streetcar runs. A seasoned commuter cyclist, Daniel was riding his bicycle on the clear and dry morning of May 4, 2015. However, the streetcar tracks posed the same hazard as they always did for cyclists who wanted to ride on that commuter facility at the intersection of Rainier Avenue South, Boren Avenue South, Jackson and 14th Avenue South.
This past Christmas, KOMO TV aired a “Special Report” on Daniel’s road to recovery, after a horrific incident, where he fell, after his tire was caught in the streetcar tracks and a Metro bus ran over him. The story reveals the strength of Daniel’s character and the amazing family that he had that supported him throughout the most challenging year of his life.
Worth noting is that there are international best practices that could have prevented this catastrophic incident. More to come in future blog posts.
While some, like Ride the Ducks of Seattle’s CEO Brian Tracey, are thrilled to see the Ducks back on the roads, others aren’t. The Stritmatter Kessler firm is representing several of the catastrophically injured from last year’s tragic crash on Aurora Bridge.
(NOTE: On a recent Q13 Fox story about the RTD’s return to the roads, one of our attorney’s is quoted, but her name is incorrectly spelled. It is Karen Koehler.)
The deadly Ride The Ducks crash that claimed six lives on Sept. 24th on the Aurora Bridge. Today the Ducks attempts to turn the corner. It is is the first day since that crash that some of the Ducks amphibious vehicles will be out back on the roads in limited numbers in Seattle.
Frustration and surprise were among some of the reactions from SKW clients Yuta Masumoto and Mazda Hutapea, international students at North Seattle Community College, who were on the bus and who sustained serious injuries as a result of the crash. These two young students, excited to study abroad, are now faced with long recovery times to deal with broken bones, torn ligaments, and bodies that resemble those who have lived four times longer than each of them.
Their lawsuits were filed today and to hold the Ducks company accountable for vehicles that were apparently fraught with mechanical issues.
*Doug Phillips is co-counsel.
On September 24, 2015, 18-year-old Phuong Dinh snapped photographs from her window seat in a charter bus filled with other North Seattle College students as it motored across the Aurora Bridge.
“And then, ‘Bam,’ ” she recalls. “Nothing else. Just flashes after that. I would faint. Then I would be awake and very bad pain all over. Then I would faint.”
Later in a hospital bed, memories from a deadly crash flooded back: She remembered blood covering her face and dripping down. She saw a bone piercing through the skin of her left leg.
The left side of Phuong’s body was crushed. She suffered a broken wrist, arm, hip, knee, and extensive facial lacerations. Now, four surgeries later and almost three months after the crash, Phuong spends her days in a Central District nursing facility in Seattle, slogging toward recovery and worrying about her future.
Phuong cried often during her initial weeks in the rehab facility. Now she says she doesn’t cry as much because she is getting used to the pain. Phuong’s main concern now is learning to walk again. Still unable to bear weight on her left leg, the bones of which are now reinforced with metal rods and screws, she mostly needs to use a wheelchair.
Aside from the continuing health-care costs which will be in the hundreds of thousands of dollars, Phuong’s parents have paid their own travel from Vietnam to Seattle, and while they’ve had their lodging covered by the Salvation Army, they worry about the future.
Phuongs’s father, Hiep, who runs a family construction business, remains in Seattle. Her mother, Thao, has had to fly back and forth to Vietnam to also care for Phuong’s 3 year old sister and 6 year old brother. The little kids are staying with their grandparents and a nanny.
Once Phuong gets out of the nursing home the family will have to figure out how to care for her so that she can attend school. A host family is probably no longer possible due to Phuong’s physical disabilities and need for accommodation.
A message from Phuong: “Thank you for caring for me and my family. Knowing I have your support means the world to me.” Visit her fundraising site here. Thank you for considering giving, during this difficult time for Phuong.
A few days ago, news reported the plight of SKW client, Phuong Dinh, 18 year old international student, who was seriously injured in the Oct. 2015 Ride the Ducks crash. With a long way to go in her recovery, she also had to worry about losing her health coverage. Please read about the wonderful turn of events in today’s Seattle Times article,”Ride the Ducks crush victim to get help from state, college.