Feb 03, 2022 · A Weber State University police cruiser shows damage from the impact with a pedestrian on Sept. 30, 2021. Officer Paul Tavake was cleared of any criminal negligence in the crash, which killed ...
Feb 23, 2018 · WSU’s board of regents has authorized lawyers for the school to negotiate a payment of up to $5.26 million to settle a lawsuit over a …
Nov 08, 2019 · On November 8, 2019, the King County Superior Court awarded final approval to the settlement of a class action against WSU arising out of a 2017 data breach. TBS attorneys Kim Stephens and Jame Bulthuis were co-lead counsel for the Class. Under the settlement, WSU agreed to, among other things, (1) provide credit monitoring and…
Apr 10, 2017 · Attorney General 509-335-2636 Lawsuits Against WSU Personnel OVERVIEW As a consequence of performing official WSU duties, an individual WSU officer or employee may be named as a defendant in a lawsuit. If that occurs, the officer or employee may request legal defense by the Washington State Attorney
The Olympia burglary was not the first time someone managed to steal a hard drive containing personal information from a WSU department.
Sasi Pillay, WSU’s vice president for information technology services, said the school is constantly working to improve its cybersecurity.
A former WSU student has filed a federal lawsuit against the university for allegedly failing to act on warnings about a WSU Vancouver student’s history of sexual misconduct, allowing him to transfer to Pullman where he raped her in 2017.
Attorneys representing the victim have filed an appeal to the Ninth Circuit Court of Appeals.
The McCluskey family, of Pullman, filed a $56 million lawsuit against the University of Utah last summer after their daughter, Lauren, was murdered in 2018 ...
Culhane was later convicted of raping the plaintiff. “Upon learning of Culhane’s predatory behavior, [WSU] failed to meaningfully intervene and protect its female students,” the lawsuit alleges. “As a result, Culhane was given unfettered access to a new and larger pool of victims.”.
Because there was no evidence of intervening forces, it was foreseeable that a mishandling of the flour would cause the injury to the man’s head. MacPherson v. Buick Motor Company. This popular negligence case established the legal doctrine of the general duty of care that manufacturers owe to members of the public.
In the area of negligence law, there are various Supreme Court cases that every lawyer should know. Jurisdictions depend on a lawyer’s knowledge of these prominent negligence cases in creating a verdict for a plaintiff. Cases like Palsgraff v.
Long Island. This case involved a fireworks explosion that harmed a plaintiff who was riding on a train. A man had been carrying a package that contained fireworks. He dropped the package by a train, and the shock waves injured a man named Palsgraff who was riding on the train.
The court ultimately found that the Long Island Railroad company could not be found liable for the injury of this man, because the company could not foresee that the mishandling of a package containing fireworks would injure Palsgraff. The test resulting from this case is referred to as the “Zone of Danger” test.
Boadle is another established case in the field of negligence law. This case established the legal doctrine of res ipsa loquitur. This legal doctrine means that the “thing speaks for itself,” which means that plaintiffs may recover for torts that have been obviously caused by the negligence of another person or business.
This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Attorneys-Negligent Conduct and the related topic of legal malpractice. For more information on legal malpractice see the page on Wikipedia
See Va. Code § 26-5 indicating if any fiduciary or agent or attorney at law shall by negligence or improper conduct lose any debt or other money, he shall be charged with principal of what is so lost and interest thereon in like manner as if he had received such principal.
Legal malpractice cases are expensive because you are essentially litigating two cases: the malpractice case and the underlying matter (i.e., the case-within-the-case). In addition to legal fees, the client will almost always need an expert to establish that the attorney’s conduct fell below the standard of care.
Rather, attorneys ordinarily must act consistently with the community standard of care. In other words, not every mistake rises to a breach of the duty of care. Did the mistake cause damage? This is often where the rubber meets the road in legal malpractice cases.
Because of their complexity and expense ( the cost of expert witnesses) negligence claims against lawyers are often difficult prove. However, in the case of obvious errors (missed statute of limitations or failure to appear for trial), such cases can be justified and won.
To prove a case of professional negligence against an attorney, the plaintiff must not only prove the existence of a duty and the breach of that duty (i.e., the lawyer's conduct fell below the standard of practice), the plaintiff must also show that the lawyer's conduct was the proximate (or direct) cause of the plaintiff's damages.
The only practical way for a lawyer to demonstrate he or she did not owe a duty to a person claiming to be a client is to establish that the other person was never a client or that the lawyer's actions which are claimed to have been negligent occurred before or after the existence of the attorney-client relationship.
BREACH OF DUTY. In professional negligence cases, including attorney negligence, the law uses a concept known as "the standard of practice" to determine whether there was a breach of duty. The concept creates an imaginary line along the spectrum of professional practice within the profession under examination.
The failure to fulfill these duties to others is called "negligence.". The law provides a remedy for people who are injured by the negligence of others - the civil lawsuit. Generally speaking, in order to prove a case of negligence in a civil court, the plaintiff must prove four elements: (1) duty; (2) breach of duty; (3) proximate cause;
Finally, the lawyer's geographic location is taken into account because the standard of practice to be applied is the one for the "community" in which the lawyer practices.
If the professional's conduct falls above this standard of practice imaginary line, it is deemed to have not been negligent. If the professional's conduct falls below this. imaginary standard of practice line, the professional is deemed to have been negligent and may be liable to any person injured by his or her negligence.