HOT TOPICS IN PERSONAL INJURY LAW CLE

Transcription

1 The SPOKANE COUNTY BAR ASSOCIATION presents HOT TOPICS IN PERSONAL INJURY LAW CLE WEDNESDAY, MAY 23, 2018 Gonzaga University School of Law 721 North Cincinnati Street Room 226 Spokane, Washington 8:30 a.m. 8:45 a.m. Check-in & Coffee Service 8:45 a.m. 9:30 a.m. Preparing for Trial Mark D. Kamitomo of the Markam Group, P.S. 9:30 a.m. 10:15 a.m. Winning the Case in Mediation - Timothy B. Nodland of Timothy B. Nodland & Associates, P.S. 10:15 a.m. 10:30 a.m. Morning Break 10:30 a.m. 11:15 a.m. Depositions & Discovery John D. Allison of Eymann, Allison, Hunter & Jones, P.S. 11:15 a.m. 12:00 a.m. Cross Examination Tips - John R. Layman of Layman Law Firm, 12:00 p.m. 1:15 p.m. Lunch on your own 1:15 p.m. 2:15 p.m. The new Mandatory Arbitration Bill and Attorney Fees under Bearden v McGill Richard E. Lewis of Richard E. Lewis, P.S. 2:15 p.m. 2:30 p.m. Afternoon Break 2:30 p.m. 3:30 p.m. Strategies for Claims Negotiations - Martin A. Peltram of Peltram Law Offices 3:30 p.m. 4:30 p.m. Litigating Bad Faith Claims - Michael J. Riccelli of Michael J. Riccelli, P.S. PLEASE NOTE: The classroom will not be closed and locked during lunch break.

2 SPEAKER BIOGRAPHIES JOHN D. ALLISON is a partner with the Spokane law firm Eymann Allison Hunter Jones, P.S. His practice is limited to representation of plaintiffs in personal injury claims and litigation. John is a member of the governing board of the Washington State Association for Justice. He has been practicing since 1996, and is a graduate of the Gonzaga University School of Law. MARK D. KAMITOMO - Due to his long success in medical malpractice, nursing home negligence and product liability, Mr. Kamitomo was Washington State Association for Justice 2010 Trial Lawyer of the Year, as well as being named to Washington Law & Politics Super Lawyers list for 2014 and each of the previous ten years. He also received the 2014 Washington State Association of Justice Professionalism Award, and was voted by his peers Best Medical Malpractice Attorney in Spokane/Coeur d Alene Living magazine. He has won numerous multi-million-dollar verdicts and settlements, many of which have prompted significant improvements in medical care and product design. Mr. Kamitomo received his JD from Gonzaga University School of Law in He is admitted to practice in the United States Supreme Court, the Ninth Circuit Court of Appeals, the Fifth Circuit Court of Appeals, the United States District Court for the Eastern District of Washington, the United States District Court for the District of Hawaii, and the courts of the State of Washington. He also practices in Federal and State Courts in Texas, Nevada, Hawaii, Idaho, Oregon, Montana, and Arizona, and is licensed to practice in the states of Washington, Hawaii, Arizona and Idaho. Mr. Kamitomo is a member of the Washington State Bar Association, the American Association for Justice, the American Bar Association, the Spokane County Bar Association, the Washington State Association for Justice, the Asian Bar Association, The American Board of Trial Advocates, The National Trial Lawyers Top 100, Damage Attorney's Round Table (DART), and The Multi-Million Dollar Advocates Forum. In addition, he is currently on the Board of Governors for the Washington State Association for Justice (formerly WSTLA) and served as its president in He has served on the Board of Advisors for the Gonzaga Law School, the Board of Trustees for the Litigation Section of the Washington State Bar Association, and is a current board member and past President of Spokane Youth Sports Association. JOHN R. LAYMAN was born in Spokane, Washington, January 3, Education: Washington State University (B.A., cum Laude, 1980); Gonzaga Law School (J.D., cum laude, 1983). Admitted to practice: Washington State Bar, 1983; U.S. District Court, Eastern District of Washington, 1984; U.S. Court of Appeals, Ninth Circuit, Admitted to practice in Idaho State and Federal Courts Real Estate License, Washington, Member: Spokane County, Washington State, and American Bar Associations; The American Association of Justice; Washington State Association of Justice; Aquatics Litigation Certification.

3 Board of Directors of Farmers and Merchants Bank in February, He was elected co- Vice Chairman of the Board in December of Member of the Executive Committee; Asset, Liability, Investment & Compensation Committee and Audit and Compliance Committee. As of May, 2007, John has been elected as a Director with Banner Bank and serves on the Audit Committee. He became a partner of the law firm in Said firm has since evolved to Layman Law Firm, PLLP, with Mr. Layman as the managing partner since He has developed an extensive client base by opening and working out of a Seattle office and acquiring a Coeur d Alene office. Mr. Layman has earned the respect of his peers, which was recently acknowledged when he was designated by his peers in Washington as a Super Lawyer. He was recognized as one of the Top 100 Lawyers for 2010, 2011, 2012, 2013 and Mr. Layman s areas of practice include: plaintiffs serious personal injury with emphasis on traumatic brain injuries, spinal aquatic injuries and products liability. He is an experienced trial lawyer having represented claims involving catastrophic injuries and settlements in the millions of dollars. Mr. Layman is a noted lecturer on traumatic brain injury cases in front of local and national audiences. He has handled large catastrophic cases requiring a guardian ad litem. He has also served as a guardian ad litem in the past. He is licensed to practice in State and Federal Courts in both Washington and Idaho. He represents both individuals and businesses in these regions. Mr. Layman has consistently been involved with civic and charitable organizations since graduation from college. Presently, Mr. Layman is a board member for All Heart Infusion and World s Aquarium. Mr. Layman is a past Trustee for Life Chiropractic College and past President of Inland Northwest Health Services Foundation Board, President of Career Connections, Board Member of Valley Hospital Foundation, Board Member of Empire Health Foundation, and Committee Member of Continuum of Care for several years. He assisted in developing the St. Luke s Rehabilitation Institute Advisory Board and served as its president. He is a past President of the Spokane Chapter of the Brain Injury Association and held an executive position with the Washington State Brain Injury Association for many years. RICHARD E. LEWIS has been representing injured people in the Spokane area for over three decades. Richard has tried many cases throughout Eastern Washington and represented injured people in several other western states, including Idaho, Montana, California, Wyoming, Oregon and Arizona. A legal professional with extensive experience, he has represented injured people in automobile and trucking accidents, aviation crashes, motorcycle crashes, bicycle crashes, medical negligence and claims involving property defects. His practice includes an emphasis on injuries to children, brain injuries, burn injuries, amputations and wrongful death cases. These successful representations include million dollar recoveries. Richard served many years as a member of the Board of Governors of the Washington State Trial Lawyers Association, the American Association for Justice and the invitation-only

4 Association of Attorneys for Injured Victims. Richard is regarded as one of the best plaintiff's lawyers in the Spokane area and has been named a top car accident lawyer for the last 9 years. Richard is often asked to speak at seminars to other lawyers to share his experience and insights on topics related to the representation of injured people. Richard attended Whitworth College in Spokane, Washington, graduating with majors in both economics and history. He graduated from Gonzaga University Law School with honors in 1978, where he was a member of the Law Review. Hemovich, Smith & Nappi, a specialized trial practice firm, hired Richard. he worked there until 1981, when he was asked to join Humphries & Patterson. He was a partner there until January 2013, when he founded his own law firm, Richard E. Lewis, P.S. One of Richard's areas of focus is representing severely injured children. Richard is frequently appointed by the court as a settlement guardian ad litem to represent the interests of injured children. Bar Admissions Washington, 1978 U. S. District Court Eastern District of Washington, 1978 Education Gonzaga University School of Law, Spokane Washington Professional Associations and Memberships Washington Association of Justice American Association of Justice Member Whitworth University Foundation Board TIMOTHY B. NODLAND is a mediator from Spokane and attended the Straus Institute for Dispute Resolution at Pepperdine University. When he is not mediating cases for other lawyers, he is handling his own cases as a plaintiff s personal injury lawyer with over 27 years experience. He is a graduate, cum laude, from Gonzaga University School of Law 1991 where he served as an associate editor of the Gonzaga Law Review. He is also the winemaker and proprietor of his namesake winery, Nodland Cellars, and has crafted wines that have won many awards in international wine competitions.

5 MARTIN A. PELTRAM is a graduate from Washington State University, receiving his B.A. in Hotel Restaurant Management in He attended Gonzaga Univgersity School of Law, obtaining his law degree in Immediately after attaining his bar card, Martin opened his own practice. He focuses his practice on representation of plaintiffs inprsonal injury cases, as well as domestic relations. He is an Eagle member of the Washington State Association for Justice. Martin was born in Prague, Czechoslavakia and came to the United States when he was 13 years old. His is married, and he and his wife, Dana, have three children and one grandson. He is an avid hockey fan and continues to play hockey on a regular basis. MICHAEL J. RICCELLI is a graduate of the University of Iowa (Economics 1972 / Law in 1976), and Eastern Washington University (MBA 1985). He was admitted to practice law in Iowa (1976) and Washington (1977). Mr. Riccelli has been trained and certified in mediation and arbitration. From 1977 through 1986, Mr. Riccelli was primarily involved with industry, commerce, and trade, both domestically and internationally. He successfully negotiated and helped to implement numerous multi-million dollar transactions involving domestic and international business entities, financial institutions, civil government agencies, and military agencies. During that time, he was also involved with employer/manufacturer issues concerning health insurance, labor relations, employment practices, product liability, human relations, and civil rights. In 1988, Mr. Riccelli left the commercial/industrial sector to practice law, exclusively. His initial practice was concerned with complex domestic and international commercial transactions, and related claims. By 1996, his representation of individual claimants and aggrieved family members in personal injury and wrongful death claims had become the focus of his practice. He has a special interest and expertise in medical and healthcare negligence claims. Mr. Riccelli has litigated and arbitrated claims domestically and internationally, and has appeared before the Appellate and Supreme Courts of Washington, and the Ninth Circuit Court of Appeals. Relevant to issues of insurer bad faith claims, from 1992 through 2002, Mr. Riccelli successfully litigated, through the Washington Appellate and Supreme Courts, BESEL v. VIKING INSURANCE COMPANY, 46 Wash.2d 730, 49 P.3d 887 (2002). This allows, in Washington, for: a) the assignment of a third party torfeasor s bad faith claim against their liability insurer, to a party injured by the tortfeasor, in exchange for a covenant not to execute judgment upon the tortfeasor; and, b) a related court approved judgment by reasonableness hearing (covenant judgment) to be enforceable against the insurer, where the insurers bad faith against the tortfeasor is established, as a matter of law Personal Injury CLE - Agenda.docx