Holt Woods Scisciani LLP Blog

Washington Supreme Court Clarifies the Scope of Corporate Attorney-Client Privilege of Independent Contractors. This case arose when Doug Hermanson struck a vehicle and crashed into a utility pole. Hermanson was transported to Tacoma General Hospital (“TGH”), which is owned by MultiCare Health (“MCH”). Hermanson was treated by several MCH employees, including two nurses and a social
worker.

Issues: (1) Whether the trial court erred in excluding evidence of the UIM carrier’s litigation conduct after the named insured filed of a UIM? NO. (2) Whether the trial court erred in finding that the insured failed to prove evidence of damages to business or property which rendered her Consumer Protection Act (CPA) claim unsupportable as a matter of law? NO.

Issue: (1) Does ER 611(c) allow leading question on direct examination of an adverse party?
YES. (2) Is a separate motion to declare the adverse party as hostile required? NO. (3) Does ER
611(c) always permit the use of leading questions on cross-examination? NO.

Issues: (1) Whether tow trucks are considered cranes for purposes of the Department of Labor & Industries’ (L&I) regulations when they are used to hoist, lower, or horizontally move a suspended load. YES. (2) Whether L&I’s regulations prohibit crane operation in the entire area below an energized power line, not just crane operation within a certain distance from a line, when the crane is capable of reaching the power line. YES.

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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