Representative Case Summaries By Practice Areas:



Representative Case Summaries By Attorney:

 | Albert v. Thrifty/Newman, et al.
Defense of Christmas light retailer in a case involving the death and severe personal injury to two individuals and extensive property damage in an apartment fire in Bellingham, Washington. The case involved complex issues of fire causes, origin and spread, and building and elevator code compliance, a legitimate challenge to the public duty doctrine, and technology of foreign manufactured products.

Bellevue Pacific v. Pacific Construction, et al.
Defense of exterior cladding, interior framing and drywall subcontractor for claims arising out of building defects to a 200-unit condominium complex in Bellevue, Washington.

Blueberry Village v. Northward, et al. Village Gate v. Northward, et al. Plum Grove v. Northward, et al. Bayview v. Northward, et al.
Representation of mechanical contractor involved in significant exposures based on installation of defective hydronic heating products across hundreds of units. Our successful role in the case was the demonstrated proof of the defects in the manufacture and storage of the Canadian tubing product. This required active pursuit of discovery through two Canadian provinces and to North American headquarters and multiple layers of technical and business management witnesses.

Broadview Development v. TKCC v. Milgard Manufacturing, Inc.
Represented major supplier of windows and sliding glass doors in a claim arising out of the construction of an assisted living facility. Obtained voluntary non-suit.

Cohanim v. Aecon Buildings, Inc.
Represented major supplier of windows and sliding glass doors in lawsuit arising out of the construction of large apartment complex.

Columbia Foursquare Church v. Dan Leslie Roofing
Defense of a roofer alleged to have started a complete loss $1.8 million fire to an existing church in the Tri Cities area.

Doe v. Unnamed Retailer
Confidential pre-suit settlement with complex terms relating to the strangulation death of a 3-year old toddler. The retailer's exposure was based on alleged product defect for specifying manufacture of, then retailing a child's hooded sweatshirt with a cord. Significant investigation with the Consumer Protection Safety Commission, the media, and congressional sources provided factual background to allow decision makers to evaluate terms of settlement. We directed confidential polling, and a voluntarily advertised recall program.

Fuetz v. Dunn Lumber, et al.
Defense of national manufacturer of treated lumber in claims of neurological injury secondary to alleged arsenic poisoning.

Hansen v. MagneTek, Surmeier v. MagneTek
Claims dismissed prior to suit, without settlement, for a paint shop loss in Seattle, and an apple cold storage facility loss in rural Idaho.

Jefferson County Hospital v. Lydig Construction
Defense of a general contractor against claims made by the Jefferson County Hospital. The dominant claim involved improper window and flashing design on a complex curved wall exposed windows set into barrier EIFS. Ultimately, we successfully tendered the primary claim to the subcontractor with an 80% allocation to that trade, including a six figure reimbursement of already incurred defense expenses.

Keith v. Custom Built
Summary judgment dismissal of material supplier with alleged principal status for an at fault "agent" in a quadriplegia construction site accident sustained by unpublished Court of Appeals opinion (No. 35596-1-1). The underlying case settled by remaining defendants for over $3.5 million.

Landings Lake Union v. Latona Associate LLC.
Defense of railing subcontractor in a construction defect case which alleged railing installation defects.

Metal Sales Manuf. Corp. v. Concept Fabrications, Inc.
Representation of a supplier of open cell foam product that the end user claimed was defective. Obtained summary judgment dismissal of claims against the client based on UCC defenses and for the plaintiff's failure to prove the client altered the product in such a way that would expose it to liability.

Mountain Cold Storage v. Dwyer Electric, et al.
Defense of electrical subcontractor (a target defendant) in an intensely litigated $30 million complete fire loss in Tacoma, Washington with thirteen defendants and fifty-five plaintiffs. Complex discovery involved mastery of electrical wire quality, fire cause, origin, detection and suppression, commercial leasing and financing and cold storage operation issues.

Rushforth Construction Company, Inc. v. Window Distributors, Inc. f/d/b/a The Washington Window Company
Defense of window distributor against claims involving Snoqualmie Ridge Golf Club clubhouse.

Safeco v. MagneTek
Claims dismissed prior to suit, without settlement, for a paint shop loss in Seattle, and an apple cold storage facility loss in rural Idaho.

Seattle Heights v. Pacific Construction, et al.
Defense of exterior cladding, interior framing and drywall subcontractor on a $40 million claim brought by the homeowners association of a 240-unit building. We represented a target defendant in the earliest significant construction defect claim in the region. It still remains as the largest, most complex case of its kind. Discovery included the cross-examination of national experts as well as senior technical management from Dryvit.

Simplot v. W.R. Grace, et al.
Defense of one of multiple defendants in a $9 million food processing plant fire in Snohomish, Washington. The case focused on significant technical issues in food processing and manufacturing, building codes, polyurethane foam, and fire spread. This case resolved with a nuisance value settlement after moderate deposition work.

Spinnaker Pointe v. Polygon v. NCH, et al. Sammamish v. Polygon v. NCH, et al. Fairfield Green v. Polygon v. NCH, et al. Harbor Reach v. Polygon v. NCH, et al. Marina Point v. Polygon v. NCH, et al.
Ongoing defense of a company involved in the manufacturing of a plumbing clamp allegedly implicated in alleged incompatibility with CPVC plumbing systems across multiple projects involving nearly one thousand units.

State Farm v. MagneTek
Nonsuit of claim against ballast manufacturer brought by subrogated insurer of Taco Bell alleging a million dollar fire loss in Anchorage.

Tamarack vs. Kijulik Corp/Bearden v. Mountainside Construction
We defended separate litigation against these general contractors who built a dozen residences in Kodiak, Alaska. The claims had, as a common theme, deficiencies in the use Structural Insulated Panels, unique technology combining structural insulating elements. Because of the unique weather characteristics of Kodiak, product efficiencies degraded in various facilities required a strategy that combined sensitivity to adverse coverage concerns, cost effective resolution of claims without compromising structural integrity, and an extraordinary level of sensitivity and alertness to local political and permitting culture.

Toscano Owners Association v. 120 Aloha Associates LLC v. Milgard Manufacturing, Inc.
Defense of large window manufacturer and supplier in lawsuit arising out of alleged leaking that occurred at a high-end condominium complex. Defended against claims brought directly by the Owners' Association and the general contractor after numerous parties were dismissed based on statute of limitations defenses leaving our client as of the only viable pockets from which the Owners Association could seek damages.

Trident v. Universal, et al.
Defense of target defendant in the origin of a fire that destroyed a fish processing plant in Akutan, Alaska. The multi-party $12 million case resulted in a variety of creative "Mary Carter" settlements after extensively developed technical issues in structural engineering, fire origin and spread, light fixture and ballast analysis, and metal building manufacture. Mr. Jager worked thoroughly with State officials and local and ethnic communities to serve compelling origin evidence. This case involved over 150 depositions, multiple plant tours and the retention and cross-examination of multiple nationally renowned experts.

Uniflite v. Koppers, et al.
Primary defense for and maintenance of product liability claims from hundreds of owners, and multi-state manufacturer of pleasure craft claiming surface and structural defects attributable to raw materials used in construction process of high end yachts. Litigation mastery of complex issues of chemistry, fiberglass technology, national pleasure craft marketing and sales were necessary in the defense of this case. After 110 depositions, a creative 64-page settlement agreement was worked out that compromised the plaintiff manufacturer claim and created a format of resolution of future claims brought by affected boat owners for the next eight years.

Watkins v. Ormand v. Sellen, et al.
Settlement of two severe personal injury cases arising out of a scissors lift accident on a job site. Technical issues of scissors lift design, and maintenance co-existed with general contractor defense, including intense indemnity arguments after extensive discovery and 30 hours of mediation.

Westview HOA v. Corev America Inc.
Another defense of EIFS manufacturing client on claims by HOA and developer.

Zurich NA v. Corev America, Inc.
Defense of large manufacturer and supplier of EIFS in case brought by an insurance company who had previously settled the claims brought by a plaintiff Owners Association. Extensive discovery conducted regarding the basis for plaintiff's claims even though they were not a party to this lawsuit as well as into the settlement reached by the general contractor's insurer.

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