APPELlATE CASES

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Tacoma Office:  253-328-7800

APPEALS

Fergen v. Sestero, 182 Wn.2d 794 (2015)

In medical malpractice action, Washington Supreme Court upheld exercise of judgment instruction, which reminds a jury that if a physician exercises the reasonable care and skill generally required by the physician's position, the physician's choosing between alternate treatments or diagnoses does not make the physician legally liable for making a wrong choice.

Ockletree v. Franciscan Health Sys., 179 W.2d 769 (2014)

Chadwick Farms Homeowners’ Ass’n v. FHC LLC, 166 Wn.2d 178 (2009)

Ambach v. French, 167 Wn.2d 167 (2009)

Stewart-Graves v. Vaughn, 162 Wn.2d 115 (2007)

Mayer v. Sto Industries, Inc., 156 Wn.2d 677 (2006)

$1,500,000 judgment in favor of homeowner, alleging product liability and consumer protection act claims arising out of exterior insulation and finish system (EIFS), synthetic stucco, caused home to dry rot to point of collapse.

Coppernoll v. Reed, 155 Wn.2d 290 (2005)

Estate of Otani v. Broudy, 151 Wn.2d 750 (2004)

Breckenridge v. Valley Gen. Hosp., 150 Wn.2d 197 (2003)

Gustav v. Seattle Urological Assocs., 90 Wn. App. 785 (1998)

Upheld dismissal of informed consent claim, holding that, while a physician has a duty to disclose an abnormality in the patient's body which may indicate risk or danger, a physician's failure to diagnose a condition is a matter of medical negligence, not a violation of the duty to inform.

Washington State Phys. Ins. Exch. & Ass’n v. Fisons Corp., 122 Wn.2d 299 (1993)

Shorter v. Drury, 103 Wn.2d 605 (1985)

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