HWS Prevails on Motion for Summary Judgment in Negligence Case

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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