James D. Hailey's Legal Cases (3)

Car accident

John Doe v. State

May 22, 2009

OUTCOME: $4 Million settlement with State of WA

Becky Roe and I represented a very talented glass artist who was waiting at a freeway on-ramp meter for his turn to get on the freeway. A state patrolman who was going to the scene of another accident ... entered the off-ramp at a high speed and for unknown reasons, lost track of the cars waiting at the metered light. He crashed into our client's car at freeway speeds causing devastating injuries that he has courageously worked to overcome. He has returned to making beautiful glass art, but must struggle with physical limitations resulting from this accident. We have protected his identify simply because he does not wish to seek publicity.

Workers compensation

Birklid v. Boeing

N/A

OUTCOME: Expanded rights of injured workers v. employers

In the 1980s, Boeing changed the adhesive it was using for its fiberglass sheets. The sheets off-gassed chemicals that were making workers sick. We argued Boeing knew the workers were getting sick an ... d continued to use the product and require workers to continue to be exposed, making them much sicker. We sued Boeing on behalf of 17 workers who became sick for damages above and beyond workers compensation benefits, claiming that Boeing's conduct amounted to deliberate injury of these workers. On Boeing's motion, the case was dismissed in the trial court. Boeing argued that they could not be liable for deliberate injury because they did not want their workers to be injured. We appealed, ultimately to the Washington State Supreme Court, arguing that if the company knows its workers will get sick from exposure to toxic chemicals and continues to use the product, the fact that their primary purpose is to make a profit and not to injure the worker does not matter. The worker still gets sick and the company knows that will happen and that should be considered a deliberate injury. The Supreme Court agreed 9 to 0. The case was remanded and ultimately settled for a confidential amount.

Personal injury

John Doe v. Wilson

N/A

OUTCOME: $1.4 Million Trial Award for sexual assaults

Kathy Goater and I represented a young man who had been the victim of repeated sexual assaults by a neighbor from the ages of 9 through 16. The assaults occurred after extensive "grooming" of the youn ... g boy after the boy was hired to do yardwork for the neighbors on their multiple rental properties. We have not provided the young man's name in order to protect his privacy regarding these very difficult matters. The case is currently on appeal for issues related to the liability of the community property for the judgment.

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