- Practice Areas
- Appellate Practice
- Asbestos Claims
- Construction Defect Claims
- Construction Injury Claims
- Consumer Protection Act Claims
- Environmental and Toxic Tort Claims
- Insurance Coverage
- Insurance Property Claims
- Liquor Liability
- Personal Injury & Wrongful Death Claims
- Premises Liability
- Product Liability
- Professional Negligence
- Sexual Abuse and Harassment Litigation Claims
- Timber Trespass and Landslide Claims
- Uninsured and Underinsured Insurance Claims
- Welcome to Fallon, McKinley & Wakefield, PLLC
Bud Fallon once again showed why he is recognized as a leading defense counsel by successfully defending a timber landowner in a Lewis County jury trial involving complex issues of landslides and resulting personal injuries. Seventeen plaintiffs claimed property damage and personal injuries as a result of landslides in rural Lewis County during the record storms of January 2009. Bud and Kim Reppart from Fallon & McKinley teamed up with David Poore of Preg O’Donnell & Gillett to successfully defend Menasha, a timber owner who harvested its property in 2001. Plaintiffs alleged that the 2001 timber harvest undermined the stability of the hillside above their properties and caused a landslide during record rainfall in 2009. The plaintiffs presented testimony from numerous experts seeking to establish a causal link between the timber harvest and the flooding that occurred years later. Plaintiffs’ treating physicians compounded matters by testifying that physical ailments and emotional distress resulted from dealing with the damage left by the flooding. In the end, the plaintiffs asked the jury for $6.5 million in damages.
After hearing the testimony of 45 witnesses over a period of 6 weeks, the jury returned a unanimous defense verdict on all claims in just under two hours. While Bud is pleased with the result he simply noted he could not have done it without the help of his trusted paralegals Kristi Stobie and Elizabeth Bettridge. The firm congratulates the team effort that resulted in this victory.
Bud Fallon’s timely defense verdict caused the firm to look back and mark its success during 2012. The following summarizes some of our successful work in defending our clients.
Nancy McKinley successfully resolved several bad faith cases brought against insurance companies. The Insurance Fair Claims Act has spawned a boom of bad faith litigation and Nancy is most proud of the fact that she resolved these matters short of actual litigation. Nancy also successfully defended a traumatic brain injury case in an Island County jury trial that lasted nearly three weeks. Our client admitted liability and the only remaining issue was damages. Plaintiff asked the jury to award $4,000,000 to compensate her for loss of consortium, past and future wage loss, medical specials and pain and suffering. The jury returned a much more reasonable verdict of $500,000.
Dawna favorably resolved a wide variety of significant cases on behalf of clients in 2012. Particularly favorable settlements included: settlement of a multi-million dollar claim by a quadriplegic for six figures and for significantly less than the available insurance limits; settlement of a multi-million dollar bodily injury claim against a large corporation for five figures; settlement of an economic loss claim exceeding $1.5 million against a governmental agency for five figures; and settlement of a homeowners’ construction defect claim which alleged over $1 million in damages against a general contractor for 10% of the original claim.
Kim Reppart obtained a defense verdict in a King County jury trial on a negligent overuse of force case involving a plaintiff who alleged he had been battered by our client’s security staff. The jury agreed that while the plaintiff suffered severe injuries, including a fractured arm, these injuries occurred after leaving our client’s establishment. Kim also argued and won several summary judgment motions, obtaining dismissal of a UIM suit against an insurer and dismissal of a general contractor’s indemnity claim against a subcontractor under the Statute of Repose. Kim successfully protected the trial court’s ruling on the latter issue when the Court of Appeals took up the matter on discretionary review.