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Reliability of Evidence - Evidence Rule 403
Evidence Rule 403 stands for the proposition that evidence which is more prejudicial than probative should be excluded from a jury’s purview. A recent unpublished decision, Gilmore v. Jefferson County Public Transportation, (Jefferson Transit) rendered…
Published Monday, December 11, 2017

False Assumption - 7. The pain has generally gone away
The pain has generally gone away, so I do not really need to follow my health care provider’s instructions. Once you seek health care, it is very important that you follow the instructions of your physician. Occasionally, a client will stop the…
Published Tuesday, July 24, 2007

Bicyclists
WPI 70.09 - Bicyclists – Statutory Rights and Duties A person riding a bicycle upon a roadway has all the rights of a driver of a motor vehicle and must obey all statutes governing the operation of vehicles except for those statutes that, by their…
Published Tuesday, September 27, 2016

Under the Influence of Alcohol or any Drug- Analysis of Bodily Substance
Under the Influence of Alcohol or any Drug - Analysis of Bodily Substance - Intoxication Defense Statute WPI 16.05 states the following: “If you find that, within two hours after the occurrence causing injury or death, a person had 0.08 g or more of…
Published Tuesday, January 31, 2017

Call the police after a collision and know your location when you call
After collisions, people often assume there is no need to contact the police if there is an exchange of information. However, for accident reconstruction purposes, the law enforcement officer can document certain items that may be in dispute later. For…
Published Saturday, July 14, 2007

Reasonably Safe Roads for Ordinary Travel
Recently, the Washington Supreme Court provided clarification for what constitutes the extent of a municipality’s duty and the effect on legal causation. In Lowman v. Wilbur, 178 Wn.2d 165, 309 P.3d 387 (2013) the court looked at an opportunity to…
Published Thursday, September 15, 2016

Driver's Intoxication and Passenger's Knowledge
Driver’s Intoxication and Plaintiff’s Passenger’s Knowledge Washington Pattern Instruction (WPI) 12.01.01 states the following: “If you find that: 1) A driver was intoxicated from the use of alcohol or drugs; and 2) The plaintiff voluntary rode in the…
Published Tuesday, November 22, 2016

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