HWS Prevails on Motion for Summary Judgment in Negligence Case

John Barton - Senior Associate Attorney

John is a senior associate attorney working in the Seattle office of Holt Woods & Scisciani LLP. John focuses his practice on defending individuals in vehicle accidents and property disputes across Washington State. Additionally, John works as defense counsel in uninsured and under-insured vehicle accidents.


November 9, 2021

John was successful in dismissing a case for lack of negligence as a matter of law.  Plaintiffs brought a wrongful death claim against our client.  In early January 2020, at night, in the rain, and wearing dark clothing, the deceased attempted to cross State Route 7 in Spanaway where no crosswalk existed.  Unfortunately, the deceased was struck by our client’s vehicle, and he died at the scene.  With testimony of the State Patrol and an accident reconstructionist, John was able to prove as a matter of law, our client could not have avoided the accident and only the deceased was at fault.  Plaintiffs’ counsel was unable to rebut any of the presented evidence and merely “disagreed” with testimony of our client and defense experts.  Without contrary evidence, the court dismissed the wrongful death claim against our client.




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