Garth L. Jones
CASE ARCHIVE
Brain Injury
Defect Soproni v. Polygon Apartments
A 20-month-old boy fell from an apartment's second-story window onto a concrete patio. His head injuries caused permanent and severe neurological damage. The boy's mother sought damages against the window manufacturer. In an appeal to the Washington State Supreme Court, the mother's case overturned lower courts' decisions and sent the case back to trial to resolve whether the window's design created an unreasonably dangerous condition.
Insurance Bad Faith
Appeals Insurance Company v. Doe
Our firm pursued an appeal involving the cancellation of insurance policies by a hospital and its insurer after our client had passed away from medical negligence after surgery. The hospital went bankrupt and we challenged the right of the hospital and insurers to cancel its policies under a state law that prohibits a retroactive annulment of the polices after an occurrence, including a death. The lower court had ruled that the cancellations were valid because a claim on the policy was not filed until after it was cancelled. The Washington Supreme Court held that the state law made null and void and such cancellation of the policy after a death irrespective of when the claim was filed.
Product Liability
Smith, et. al. v. Behr Process Corporation
$67.5 million class action verdict
Several Western Washington homeowners and business people had mildew on their exterior wood walls after using a Behr clear coating, a product the manufacturer claimed would prevent mildew growth. We pulled together the class-action case on behalf of nine plaintiffs, and Behr was charged with breach of warranty and Consumer Protection Act violations. The initial case grew to national status, and in an October 2002 settlement, Behr agreed to compensate consumers more than $107 million. In addition, some 5,000 Western Washington homeowners shared an additional $55 million to repair their mildew-damaged homes. Garth was a vital team member when the defendants appealed the decision.
