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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

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

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 Monday, April 25, 2016

Assumption of Risk – Barring of Plaintiff’s Case
Assumption of Risk – Barring of Plaintiff’s Case Washington Pattern Instruction 13.03 is a complete defense to a plaintiff’s case if properly proved by the defendant. Assumption of risk as a defense has survived the adoption of contributory negligence…
Published Thursday, February 23, 2017

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Harper Law PLLC
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Phone: 425.284.3333
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