Holt Woods Scisciani LLP Blog

General Cases

Curtin v. City of E. Wenatchee , Nos. 36209-4-III, 36210-8-III, 2020 Wash. App. LEXIS 264 (Ct. App. Feb. 6, 2020)

Issues: (1) Are pre-majority medical expenses (damages for medical expenses incurred prior to
one’s eighteenth birthday) only recoverable by a minor’s parents, since the parents are financially
responsible for the minor’s care and maintenance? NO. (2) Does the tolling provision in Wash.
Rev. Code § 4.16.190, which pauses the statute of limitations until a minor attains the age of
competency to bring claims on his or her own behalf, permit a parent or guardian to “bootstrap”
their own untimely claim to the minor’s claim? NO.

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W. Beach Condo. v. Commonwealth Ins. Co. of Am. , No. 79676-3-I (Wash. Ct. App. Div. I, Jan. 13, 2020)

Issue: The Insured’s failure to file suit against its insurer within one year, as required by the
policy’s suit limitation, precluded the Insured’s breach of contract claim. Did this also preclude the
Insured’s claims against its Insurer for IFCA and CPA violations? NO. The Insurer’s coverage
obligations existed independently of any suit limitation period.

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Washington Supreme Court Expands General Contractor Jobsite Liability in Vargas v. Inland Washington, et al.

On November 21, 2019, the Washington State Supreme Court issued its decision in Vargas v. Inland Washington et al., which arguably expanded a general contractor’s liability for personal injuries occurring on the jobsite. By way of summary, Plaintiff Gildardo Crisostomo Vargas was working on a construction project when a concrete-carrying hose whipped around, hit him in the head, and caused a severe traumatic brain injury.

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Vargas vs Inland Washington et al.

On November 21, 2019, the Washington State Supreme Court issued its decision in Vargas v.
Inland Washington et al., which arguably expanded a general contractor’s liability for personal
injuries occurring on the jobsite.

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