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Recent Developments
Civil Rights – Excessive Force
December, 2010
At 8:30 a.m, in front of an elementary school, three Seattle police officers repeatedly tasered a 31 year old pregnant mother of four while she was seated in her car because she refused to sign the back of a speeding ticket. After they stunned and burned her with the Taser, they dragged her from her car into the street, handcuffed her and took her to jail. She brought suit in federal court against the police for assault and battery and for violation of her civil rights. The federal court in Seattle denied the officers’ claim that they were immune from suit, and ordered the case to trial. Shortly before the trial, the officers appealed to the Circuit Court of Appeals. Finding the case to be of special importance, a panel of eleven justices, rather than the usual three, heard oral arguments. In October, 2011, the circuit court ruled, 6 to 5, that the police officers used excessive force in making the arrest, but allowed them qualified immunity under federal law. The officers were left liable to suit for assault and battery under state law. In February 2012, the officers petitioned the United States Supreme Court for review asking that their immunity extend to the assault and battery claims.
Construction Defects – Water Intrusion
November, 2010
We took a roofing company to trial for defective workmanship in the design and construction of multiple roofs on a commercial building which allowed water to penetrate throughout the structure. The building will require expensive repair and reconstruction. A Seattle Superior Court awarded $1,384,000 to the building owners as damages for the costs of remediation, and lost business.
Insurance Coverage – Storm Damage
January, 2011
An insurance company hired a contractor to cover up rain and snow damage to a leaky roof on a commercial building, and then denied any insurance coverage to pay for necessary repairs. We filed suit against the insurance company to enforce the policy. After two years of intensive pre-trial litigation, the court ruled that the policy covers the damage to the roof and building, and the case will shortly go to trial to establish how much the insurance company has to pay.
Insurance Coverage – Vehicle fire loss
October, 2009
Our client’s pick-up truck was stolen and set on fire. He was accused by his insurance company of deliberately setting fire to it in order to collect the insurance. After denying coverage, the insurance company notified his credit union that the owner attempted to commit insurance fraud, leaving him with the responsibility for the balance owed on the truck. We filed suit against the insurance company to enforce the policy. After extensive pre-trial litigation, then we proved that the truck was not equipped with an anti-theft system as the insurance company had claimed and that it was probably stolen. The insurance company settled out of court, and agreed to pay for the value of the truck as well as the loan to the credit union, and reimbursed the owner for all of his attorney fees and litigation expenses.
December, 2010
At 8:30 a.m, in front of an elementary school, three Seattle police officers repeatedly tasered a 31 year old pregnant mother of four while she was seated in her car because she refused to sign the back of a speeding ticket. After they stunned and burned her with the Taser, they dragged her from her car into the street, handcuffed her and took her to jail. She brought suit in federal court against the police for assault and battery and for violation of her civil rights. The federal court in Seattle denied the officers’ claim that they were immune from suit, and ordered the case to trial. Shortly before the trial, the officers appealed to the Circuit Court of Appeals. Finding the case to be of special importance, a panel of eleven justices, rather than the usual three, heard oral arguments. In October, 2011, the circuit court ruled, 6 to 5, that the police officers used excessive force in making the arrest, but allowed them qualified immunity under federal law. The officers were left liable to suit for assault and battery under state law. In February 2012, the officers petitioned the United States Supreme Court for review asking that their immunity extend to the assault and battery claims.
Construction Defects – Water Intrusion
November, 2010
We took a roofing company to trial for defective workmanship in the design and construction of multiple roofs on a commercial building which allowed water to penetrate throughout the structure. The building will require expensive repair and reconstruction. A Seattle Superior Court awarded $1,384,000 to the building owners as damages for the costs of remediation, and lost business.
Insurance Coverage – Storm Damage
January, 2011
An insurance company hired a contractor to cover up rain and snow damage to a leaky roof on a commercial building, and then denied any insurance coverage to pay for necessary repairs. We filed suit against the insurance company to enforce the policy. After two years of intensive pre-trial litigation, the court ruled that the policy covers the damage to the roof and building, and the case will shortly go to trial to establish how much the insurance company has to pay.
Insurance Coverage – Vehicle fire loss
October, 2009
Our client’s pick-up truck was stolen and set on fire. He was accused by his insurance company of deliberately setting fire to it in order to collect the insurance. After denying coverage, the insurance company notified his credit union that the owner attempted to commit insurance fraud, leaving him with the responsibility for the balance owed on the truck. We filed suit against the insurance company to enforce the policy. After extensive pre-trial litigation, then we proved that the truck was not equipped with an anti-theft system as the insurance company had claimed and that it was probably stolen. The insurance company settled out of court, and agreed to pay for the value of the truck as well as the loan to the credit union, and reimbursed the owner for all of his attorney fees and litigation expenses.
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Eric Zubel PC A Professional Law Corporation |
800 Fifth Avenue, Suite 4100 Seattle, WA 98101-1618 eric@ericzubel.com |
Phone: (206) 447-1445 Fax: (206) 447-1434 |
