Williams Kastner has a distinguished history of defending retail and hospitality businesses of all kinds against premises liability claims in the Northwest. The firm represents Fortune 500 companies, insureds of liability carriers, self-insured corporate businesses, and municipalities in civil litigation in this arena. The breadth of our practical experience enables our attorneys to minimize litigation costs and maximize the probability of successful outcomes in the defense of premises liability and other personal injury suits.
With extensive experience in premises liability, Williams Kastner frequently defends owners of retail stores, banks, and other commercial properties in a broad spectrum of claims
Keystone RV Fee Award Litigation, April 2024
Williams Kastner secured an award of approximately $400,000 in restitutionary attorney fees due to opposing counsel’s bad faith conduct. The case stemmed from two years of contentious litigation involving Keystone RV. Before the fee award, Williams Kastner’s discovery efforts disqualified opposing counsel, triggered disciplinary proceedings before the Washington State Bar, and achieved dismissal of all substantive claims against Keystone RV.
Starling v. Walmart Inc., C21-1156 RSM, May 2023
Williams Kastner defended a racial discrimination and false imprisonment case in the U.S. District Court for the Western District of Washington. Plaintiffs alleged profiling and wrongful detention of two African-American minors. The court granted summary judgment in favor of the defense on the discrimination claim. At trial, the remaining claims were negligence and false imprisonment. The jury awarded plaintiffs $5,000 on a ‘per se’ issue. The case resolved favorably for the defense given the minimal award and prior adverse outcomes in similar litigation.
Moritz v. Walmart, 3:22-cv-5595-TLF, July 2023
Williams Kastner obtained summary judgment in favor of the defense in the U.S. District Court for the Western District of Washington. The plaintiff alleged injuries from a slip and fall, but the court ruled the plaintiff failed to present sufficient evidence of an unreasonably dangerous condition to support a negligence claim. The plaintiff did not appeal.
Strout v. Wal-Mart Stores, Inc. et al., 84883-6-I, September 2022
Williams Kastner obtained a defense verdict in a premises liability matter after a three-week jury trial, where the plaintiff sought $50 million in damages. The Washington State Court of Appeals – Division One affirmed the verdict on appeal.
Prater v. Walmart, 18-2-04601-34, Mid-to-late 2020
In Thurston County Superior Court, Williams Kastner obtained a defense verdict in one of Washington State’s first COVID-era trials. The plaintiff, a 20-year-old who was injured while shoplifting, sought a multi-million-dollar recovery. The jury returned a verdict in favor of the defense.
Bohms v. ConAgra Foods, 14-2-0188-3, July 2014
Williams Kastner defended ConAgra Foods in a premises liability case in Benton County Superior Court. The plaintiff, a truck driver delivering to a ConAgra supplier, slipped and fell at a processing plant, breaking both arms, injuring her neck and back, sustaining a concussion, and missing nearly a year of work. Her injuries were deemed permanent. Williams Kastner persuaded plaintiff’s counsel to submit the case to binding arbitration and secured a complete defense award, resulting in no damages and dismissal of the lawsuit.
Hembree v. Potelco, Inc., 11-2-24472-5, July 18, 2011
Superior Court for Washington, King County – Plaintiff was assaulted by a Potelco employee near a Poteclo jobsite after plaintiff yelled at several Potelco employees for blocking a lane of travel in a parking lot with their truck that was being used to repair overhead power lines. A fight ensued and plaintiff sustained a broken jaw and several teeth with significant medical expenses incurred. He also claimed lost wages and emotional damages because he was humiliated by the assault that took place in front of his new wife. Williams Kastner was able to get the lawsuit dismissed on summary judgment.
Rivas v. ConAgra Foods, Inc.,11-2-50772-9, July 25, 2011
Superior Court for Washington, Franklin County – ConAgra was sued in a premises liability case where plaintiff, an inspector with the Department of Agriculture, slipped and fell on hydraulic fluid that had pooled on the floor underneath some machinery at a ConAgra potato processing plant. Plaintiff sought damages for injuries to his knee, neck, back, and wrist; wage loss; and permanent partial disability. Williams Kastner was able to get the lawsuit dismissed on summary judgment.
Reliford v. U.S. Bancorp, 09-2-00801-3, September 22, 2009
Superior Court for Washington, Island County – Plaintiff sued U.S. Bank after she slipped on ice and snow in the bank parking lot, claiming that the bank failed to maintain a safe premises. In addition to her significant medical expenses, Plaintiff also alleged lost wages and general damages (pain and suffering) totaling over $100,000 as a result of permanent neck, back, shoulder and wrist injuries. Williams Kastner was able to get the lawsuit dismissed on summary judgment.