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Wisconsin Court overturns medical malpractice cap on damages
The Wisconsin Supreme Court has held that caps on damages for a medical malpractice action is unconstitutional. In a wrongful death claim a husband brought an action for the death of his wife which was allegedly due to the mistakes of a physician. The…
Published Wednesday, July 12, 2006
Commission of a Felony – A Complete Defense to a Personal Injury Claim
Commission of a Felony – A Complete Defense to a Personal Injury Claim “It is a defense to any action/claim for damages that the person injured/killed was then engaged in the commission of a felony, if the felony was the proximate cause of the…
Published Thursday, January 12, 2017
Intoxication of Person Injured or Killed - Defense
Intoxication of Person Injured or Killed – Defense WPI 16.03 states the following: “It is a defense to an action for damages for personal injuries/wrongful death that the person injured/person killed was then under the influence of alcohol or any drug…
Published Monday, January 16, 2017
Right to Assume Others Will Exercise Ordinary Care
Right to Assume Others Will Exercise Ordinary Care Washington Pattern Instruction (WPI) 12.07 states the following: “Every person has the right to assume that others will exercise ordinary care [and comply with the law], and a person has a right to…
Published Friday, December 09, 2016
Should a Plaintiff's Spouse Bring a Loss of Consortium Claim?
Should a Plaintiff’s Spouse Bring a Loss of Consortium Claim? Washington Pattern Instruction 32.04, the loss of consortium instruction, is based on an injury to the other spouse. But this instruction has been expanded of late to include other…
Published Tuesday, May 02, 2017
Parental Responsibility for the Child’s Negligent Entrustment of their Car
In the State of Washington, law the owner of a car may incur liability under the family car doctrine for injuries caused by third person to whom a family member has entrusted the car if the car was used for the pleasure and convenience of a family…
Published Saturday, January 06, 2018
About Edward C. Harper and Harper Law PLLC
Throughout the past sixteen years practicing personal injury, insurance claims and medical malpractice, Ed has been successful in a variety of claims and/or lawsuits.
Published Tuesday, December 10, 2019
Express Assumption of Risk - Plaintiff Assuming the Duty of Care
Express Assumption of Risk - Plaintiff Assuming the Duty of Care Washington Pattern Instruction 13.04 is also a complete defense to a plaintiff’s case if properly proved by the defendant. The instruction states: “it is a defense to an action for…
Published Tuesday, February 21, 2017
Look Left Last
Recently, a couple of events in my life reminded me of a driving principal – you have to “Look Left Last”. Looking left last as you enter an intersection will eliminate many potential hazards to you and your loved ones. Drivers must look to their left…
Published Thursday, September 01, 2016
Proximate Cause - Superseding Cause
WPI 15.05 – “A superseding cause is a new independent cause that breaks the chain of proximate causation between a defendant’s negligence and an injury/event. …“It is not necessary that the sequence of events or the particular resultant injury/event is…
Published Monday, January 09, 2017
