Ms. Doe taught her students about the Mayan ruins of the Yucatan Peninsula but had never seen them firsthand. Aboard a Caribbean cruise she signed up for a shore excursion flight to Chichen Itza. The return flight from the ruins lifted off and reached 600 feet when one of the twin turbo engines failed, and the plane rapidly plummeted to a field below. All on board, including Ms. Doe, died in the crash. Mexican authorities found pilot negligence in failing to properly respond to engine failure. Our legal team also charged the tour company for its negligence in choosing an unsafe airline, and the cruise line for negligence in assessing the tour company’s operation. The cruise line, tour company and charter airline all contributed to the settlement.

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Negligent Maintenance

Cole v. Atlas Air

Confidential settlement

Plaintiff’s counsel: Keith L. Kessler, Michael E. Withey

While researching an article for the Wall Street Journal, Seattle-based aviation reporter Jeffrey Cole accepted an invitation to ride in a two-seat Czechoslovakian military jet in Colorado. Shortly after takeoff the plane crashed and Jeffrey and the pilot were killed. Maria Cole, Jeffrey’s wife, says she appreciated the thorough legal work and strategies of Mike and his partners – and their compassion for her situation.

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Brain Injury

Bartel v. Burlington Northern Railroad

$2.9 million verdict

Plaintiff’s co-counsel: Paul L. Stritmatter, Keith L. Kessler

A cosmetologist and her husband were injured when a train struck their van in a railroad crossing. About a week before the collision, railroad signal supervisors had been notified about malfunctioning crossing signal lights in the area. Train crews were told to stop and watch for cars before crossing the highway. Records show the train was going 40 mph in a 25 mph zone and did not stop at the highway crossing. The female in the van had some head injuries and broken bones.

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Brain Injury

Lawless v. Agricultural Hydraulic Supply, Inc.

$3.25 million settlement

Plaintiff’s co-counsel: Paul L. Stritmatter, Keith L. Kessler

An electrician was working in a scissor lift to string wire across the elevated ceiling of a loading dock. Slowly the lift crept down a slope and went over the edge of the loading dock, throwing the electrician to the concrete slab below. He suffered traumatic brain injury and other injuries. Our legal team showed negligence on the part of the scissor lift manufacturer and the company that rented the lift to the electrical contracting firm.

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Brain Injury

Dussault/Gray v. City of Shelton, et al.

$2.5 million settlement

Plaintiff’s co-counsel: Keith L. Kessler, Paul L. Stritmatter

A new city road also created a new entrance to Shelton Middle School. A painted crosswalk and school crossing signs were added. The city refused to install a pedestrian-activated traffic signal, leaving students to dodge cars while trying to cross. When the 14-year-old plaintiff approached the crosswalk, a passing driver saw her and stopped. The next two cars moved over to the outside lane and didn’t see the plaintiff in the crosswalk. Both cars struck the student, leaving her with closed-head injuries, broken bones and internal injuries.

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Highway Design/Negligence

Julie Ann Greene v. Pierce County

$5.47 million verdict

Plaintiff’s co-counsel: Keith L. Kessler and Paul L. Stritmatter

Pierce County failed to have a stop sign at a railroad crossing, and drivers’ visibility was obstructed by shrubs and buildings. The result: a collision between an oncoming train and a car crossing the tracks. The car’s driver was killed and the passenger suffered a head injury and was blinded. The 1994 decision was the second-largest personal injury jury verdict in Pierce County history.

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Highway Design

Thompson v. State of Washington, et al

$2.75 million settlement

Plaintiff’s co-counsel: Brad J. Moore, Keith L. Kessler

Traffic conditions at an intersection where Highway 18 meets Interstate 90 had become treacherous for motorists, indicating a need to take immediate steps to create safer traffic flows. But the State of Washington was slow to take action. Meanwhile, Velma Jean Thompson was involved in a collision there that left her an incomplete quadriplegic. Brad and Keith brought Velma Jean a settlement that will cover the lifelong care she’ll need because of her serious injuries.

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Highway Design

Legier v. Mason County

$1.75 million settlement

Plaintiff’s co-counsel: Keith L. Kessler, Paul L. Stritmatter

Suzanne Legier was driving with her two sons when her Jeep Cherokee skidded in water near plowed snow. The Jeep hit an oncoming truck, and Suzanne’s 5- and 12-year-old sons died of multiple, severe head injuries. The settlement with Mason County required changes in the county’s snow and ice removal policy.

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Highway Design

McClain v. State of Washington

$1.325 million settlement

Plaintiff’s counsel: Keith L. Kessler

No amount of money can make up for the loss of life. But this settlement will help two sisters with their future medical and psychological expenses following the death of both parents in a head-on collision.

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Highway Design

James Evans v. State of Washington, Estate of Sandra Butchart, Jeffrey Chandler

$924,000 settlement

Plaintiff’s co-counsel: Keith L. Kessler, Ray W. Kahler

While driving southbound on Interstate 5, general contractor James Evans was injured when a northbound vehicle swerved to avoid another car, flipped over the median and struck James’ truck head-on. The judge granted a summary judgment in James’ favor based on the result of a previous trial involving the same incident.

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Highway Design

Hipps v. Grays Harbor County

$1.15 million settlement

Co-counsel: Paul L. Stritmatter, Keith L. Kessler

Grays Harbor County had failed to maintain a tree that grew and covered a stop sign at an intersection. A driver unfamiliar with the intersection didn’t see the stop sign and struck the Hipps’ van, rendering Arnold Hipps paraplegic.

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Highway Design

Reed v. City of Spokane

$1 million settlement

Co-counsel: Keith L. Kessler, Paul L. Stritmatter

A boy was forced to walk home in the street because a landowner and the City of Spokane had allowed the sidewalk to become overgrown with grass and rendered dangerous by glass and other debris. The boy was hit by a car and sustained a brain injury and multiple abrasions. Although the city and the landowner initially blamed the driver who struck the boy, they later acknowledged fault for the impassable sidewalk.

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Highway Design

Triol, et. al. v. State of Washington and Discount Tire

$1.65 million partial summary judgment

Plaintiff’s co-counsel: Keith L. Kessler, Kevin Coluccio

Three male students were passengers in a Ford Bronco when it lost the right rear wheel and spun into a cable guard rail, snagged a guard rail post and flipped onto its top. Our legal team contended that the tires were installed with improper wheel bearings, causing the wheel to break off. We also showed that the State’s guard rail of flexible cable and “strong posts” no longer met state or national standards and actually created a hazard for motorists. Only after our clients’ collision did the state replace the cable guard rails with safer alternatives.

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Highway Design

Wingo v. State of Washington

$1.4 million settlement

Plaintiff’s counsel: Keith L. Kessler, Paul L. Stritmatter

This case, which involved water build-up on a low point in the roadway that caused a head-on collision due to hydroplaning, was at the time reportedly the largest highway design settlement ever entered into by the State of Washington.

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Workplace Injury

Gonzales v. Farmers Electric, Inc.

$790,000 settlement

Plaintiff’s co-counsel: Keith L. Kessler, Paul L. Stritmatter

We represented an onion plant worker who lost his arm when a defective conveyor pulled him into the machine.

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Medical Negligence

Sargent v. Children’s Hospital & Medical Center

$2.8 million settlement

Plaintiff’s co-counsel: Paul W. Whelan, Keith L. Kessler

Ten-day-old Justin Sargent was transferred to Children’s Hospital in Seattle for treatment of an intestinal perforation. Doctors eventually prescribed 62.5 mcg doses of Enalapril, a medication for hypertension. About a week later Justin received a dosage of 625 mcg, ten times the usual amount. The hypotensive episode that followed left Justin with cerebral palsy, quadriparesis and impaired vision.

Does v. XYZ Corporation

$3.1 million settlement

Plaintiff’s co-counsel: Ray W. Kahler, Keith L. Kessler

Two employees of an independent contractor were making repairs atop two sulfuric acid holding tanks. The facility owner failed to delay repairs until the potential for sulfur dioxide release had passed. Workers weren’t told that a chemical release was likely, nor were they told of the health hazards of a discharge. Breathing apparatus was issued to the workers, but without fit testing or training. Sulfur dioxide was released while the workers were atop the tanks. Overcome by the chemical, the workers made their way to the ladder with their eyes burning. They vomited while descending and tried to run to safety. Both workers were diagnosed with reactive airway dysfunction syndrome. Both are retraining for new careers.

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