Almquist et al. v. Finley School District
This appeal involved a $4.6 million dollar verdict that Marler Clark attorneys had won on behalf of eleven elementary school children injured in E. coli O157:H7 outbreak linked to undercooked ground beef used in tacos sold as part of a school lunch. The defendant school district appealed, trying to get the verdict reversed. The school district argued that Washington’s Product Liability Act did not apply to it, and that preparing tacos for a school lunch did not make the school district a manufacturer like other restaurants might be. The Court of Appeals rejected this argument, and held that school districts that sold school lunches should be held to the same safety standards as every other restaurant in the state.
114 Wn.App.395, 57 P.3d 1191 (2002) available at http://www.appeal-law.com/appeals/almquist.html
More about Almquist et al. v. Finley School District is available in the Case News section of the site.
O’Connor v. Washington Department of Social and Health Services
This groundbreaking appellate decision resolved the issue of whether state agencies could refuse to disclose public records relevant to a lawsuit under the Public Records Act, and instead require the person seeking the public records to obtain them in the lawsuit by way of discovery request. Refusing to accept the agency’s refusal to disclose public records, the attorneys at Marler Clark asked the Washington Supreme Court to resolve the question by granting direct, discretionary review—something the Court rarely does. Granting such review, the Supreme Court sided with the position advocated by Marler Clark, handing its client huge victory, while also creating an important precedent on behalf of every other person in the state seeking the disclosure of public records relevant to a lawsuit against a public agency.
143 Wn.2d 895, 25 P. 3d 426 (2001) available at http://mrsc-web.mrsc.org/mc/courts/supreme/143wn2d/143wn2d0895.htm
Kriefal and Lesak et al. v. Excel Corp.
This important case arose from a large outbreak among customers of two Milwaukee-area Sizzler restaurants caused by consumption of buffet food items that had been cross-contaminated with E. coli O157:H7 that is alleged to have originated from sirloin tri-tips purchased by the restaurants from Excel, one of the defendants in the case.
Excel argued that the persons injured in the outbreak had no right to sue because, according to Excel, federal law allowed it to sell intact cuts of meat contaminated with E. coli O157:H7, and that law preempted any state law that would allow an injured person to recover damages. The trial court agreed with this argument and dismissed the legal claims against Excel. On behalf of our clients, the Marler Clark attorneys appealed and won. The Wisconsin Court of Appeals reversed the trial court’s decision, ruling that “federal preemption does not close the doors of Wisconsin’s courts to the claims against Excel.”
Excel appealed the case further, first to the Wisconsin Supreme Court, and then to the U.S. Supreme Court. In both instances, however, Marler Clark attorneys were able to have the Court of Appeals decision upheld so that the case could proceed to trial.
665 N.W.2d 417 (WI App 2003) available at http://wislaw.org/res/capp/2003/02-1939.htm
More about Kriefal and Lesak et al. v. Excel Corp. is available in the Case News section of the site.