Fall 2018

Defense News Fall 2018
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Table of Contents
Notes from the Editor's Desk...

Members are welcome to submit articles for publication in the Defense News. If you are interested in writing, please contact me at AliBrown@geico.com.

Alice C. Brown, Editor
President's Column
by Peter Ritchie
The Washington Defense Trial Lawyers Association had another year of strong achievement and success this past year under the leadership of past-President Lori O’Tool and thanks to the dedication of our very capable Executive Director, Maggie Sweeney. As incoming President, my goal is to maintain our success, continue the good work of our Association, and grow our membership.
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Fun, Information and Golf at a Mountain Resort
by: Lori O'Tool, WDTL Immediate Past President
WDTL’s 2018 Annual Meeting at Sun Mountain Resort in Winthrop, Washington, was packed with interesting speakers and topical programming while providing opportunities to network and socialize with our fellow civil defense attorneys.  I could not imagine a more wonderful experience to close out my year as WDTL’s President and move into the distinguished ranks of the organization’s Past Presidents.  A special thank you Jim MacPherson and Jeff Frank for a warm welcome to the Past Presidents group, and their encouragement to stay active in WDTL (I will!). 
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Civil Arbitration – The New MAR
By: Alice C. Brown
Civil Arbitration

On September 1, 2018, the new rules governing civil arbitration went into effect.  This replaces Mandatory Arbitration in most of the more populated counties across the state.  Pursuant to RCW 7.06.010 civil arbitration has automatically replaced mandatory arbitration in counties with a population of more than 100,000.  In counties with a population, less than 100,000 a vote of the majority of the judges or a vote of the county legislative authority is required to authorize these new rules.
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‚ÄčA Busy 2018 Legislative Session for the WDTL
by Mel Sorensen
Although the 2018 Legislative session was short—lasting for only 60 days—it proved to be a demanding one for the WDTL.  The WDTL actively tracked dozens of issues, but four measures were immediately identified as top priorities:
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Define Your Relationships and Watch Your Level of Control
by: Natasha Khachatourians
On July 19, 2018, the Washington Supreme Court issued its long-awaited decision in Afoa v. Port of Seattle, 421 P.3d 903 (2018) (“Afoa II”).  In a 5-4 decision, the Court ruled that a concurrent nondelegable duty under the Washington Industrial Safety and Health Act (“WISHA”) to provide a safe workplace, alone, is not sufficient to create a basis for vicarious liability.  Rather, parties must prove one of the exceptions under RCW 4.22.070 for vicarious liability to apply (i.e., agency relationship, master-servant, acting-in-concert, etc.). 
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Defending Your Case From the Sky
by: Tyler Weaver
In the last few years, it has become relatively cheap and easy for litigators to obtain high-quality aerial images to use in their cases. 
Current and historical satellite images are now freely available on the internet and drones can capture images that were once either impossible to acquire or impossibly expensive to obtain

With a growing ease of access, it is time to take a moment to explore why and when aerial images may help your client’s case, how to acquire aerial images, and how to properly admit this evidence in court.  
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Member Spotlight
by: Kyler Danielson
WDTL thrives through the participation of its faithful members. The Defense News is proud to highlight its members in this Member Spotlight column.
In this edition, we are pleased to introduce Alice Brown, the new Editor-in-Chief of the WDTL Defense News and Managing Attorney for GEICO Staff Counsel.
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Defense Successes
In each edition, the Defense News features successes of our members and colleagues. WDTL is proud of our defense attorneys and we would like to share their accomplishments. We would love to hear from you. Please share your stories with our Editor-in-Chief for publishing in the Defense News.
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Upcoming WDTL Events
South Central Washington Judicial Reception 
September 18, 2018

Seattle Judicial Reception
October 9, 2018

Ethics CLE
November 30, 2018

Tort Law CLE
December 7, 2018

Annual Insurance Law Update CLE
April 26, 2019

Welcome New WDTL Members
Jerome Aiken

Kristofer John Bundy
Kulshan Law Group, PLLC
Patrick J. Cronin
Winston & Cashatt Lawyers
Brian Jeffrey Hansford
Patterson, Buchanan, Fobes & Leitch, Inc. P.S.
Referred by Christopher Keay
Thomas A. Heinrich
Forsberg & Umlauf, P.S.
Heather Jensen
Lewis Brisbois Bisgaard & Smith, LLP
Pierce Jordan
Bohrnsen Stocker Smith Luciani Adamson PLLC

Jessica Kamish
Smith Freed Eberhard
John Kendall
American Family Mutual Insurance Company, S.I.
Referred by Brian Scott
Jacob Lara
Matthew Macario
Fisher & Phillips LLP
Zachary B. Parker
Christie Law Group, PLLC
Referred by Ann E. Trivett
Robert Sestero
Evans, Craven & Lackie, PS
George Freeman Sjursen
Terri A. Sutton
Cozen O'Connor
Referred by Jodi McDougall
David Therrien-Power
Dana Tumenova
Carey & Vedrich
Sean Walton
Mix Sanders Thompson PLLC
Tyler Weaver
Cogent Legal
Erika Wunderlich
Law Offices of Mark Dietzler
Thank you WDTL Core Sponsors
Please support the WDTL Core sponsors.   Click here for the full list.
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