Trip and falls are not always cut and dry

We at MBC handle a variety of injury cases.  Some are clear cut and involve catastrophic injuries.  Others are not absolutely clear cut and may involve injuries that are not catastrophic.   My next trial is such a case, but it will be given the same preparation and treatment as all cases.

This case involves a 70-year old man who tripped and fell over a pallet underneath a box of watermelons at the local grocery store.  He landed on his right side, injuring his shoulder and having to undergo surgery. 

The pallet was the same color as the box and one could hardly see the four to six inches that the pallet protruded from the box.  Store employees had “pallet guards,” which were soft devices to put around the edges of the pallets to prevent tripping.  They forgot to put them on this particular day.  That would seem like a clear cut case, but the store says it is not at fault, that our client should have seen the protrusion and, in any event, he was old and his shoulder was already worn out.

To counter the argument that they did nothing wrong, we have shown standards of the industry regarding guarding protrusions such as this and that this store and every other store that has such a protruding pallet needs to mark it with cones or similar warnings or use pallet guards.

To answer the claim that our client was at fault, we hired a “human factors” expert to explain that the main marketing tactic of stores is to attract your visual attention to displays, products and activities.  They want people looking anywhere other than the ground.  That was the situation in our case.  There was an outdoor kiosk selling fish just across from the watermelons and there were people crowding around.  It was a visual attraction.  The corner of the pallet was not.

In response to the cynical argument that the client was old and already had a bad shoulder, we have two answers.  First, his surgeon says that, but for the fall, the client would not have had the surgery.  Second, the law says a negligent party is not entitled to a healthy victim.  If you hurt someone who, because of age, prior disability or other weakness, has a worse injury than a younger, healthier person might, you pay for the whole injury caused.  That is basic fairness.

The case is not the biggest in the office, but we are busy preparing it for trial and hoping to report a positive result on a blog in the near future.      

Attorneys Duties Don't End at the Office

by James W. McCormick

I deeply believe that every lawyer owes a duty to help those in need find justice.  Lawyers hold a great deal of power in our society because they are given access to the courthouse and legal system that others simply do not have.  Because of this, it is the responsibility of every lawyer to help open those doors for people who otherwise would be shut out.  Often, too many lawyers forget this duty.

I try to live by this philosophy in my practice.  The clients I help at Messina Bulzomi Christensen have often been catastrophically injured.  Many have suffered losses of the greatest kind:  loss of life, family, limb, or health.  Others have lost a livelihood or way of life.  All too often those responsible for causing these losses have turned their backs on the people they have hurt, denying responsibility and shunning accountability.  Often the injured do not have the resources, know how, or the capacity to seek justice on their own behalf.  That’s where I see my role as a trial lawyer - as one who equals the playing field and steps up to help those who cannot help themselves. 



James McCormick receiving the
Washington State Bar
Association Pro Bono Award



A lawyer’s duty to provide access to justice doesn’t just begin and end at the office.  I firmly believe that we have a responsibility to help the most vulnerable: those who cannot afford to hire a lawyer access the courthouse.  Every year I donate many hours of time as a pro bono volunteer attorney to help those in need access justice.  Many of my pro bono clients have family law problems ranging from marriage dissolutions to child custody to domestic violence.  When you think about the nature of those problems, they are ones that cut to the core of our being and are some of the most personal any of us may ever have to face.  All too often, the most vulnerable of our society face these problems alone, and are the most heavily stricken.  There is nothing more rewarding in my profession than seeing hope restored to someone who had long ago given up.  By giving our time and our unique skill, we as lawyers must help those in need, and by doing so, we will make this world a better place.

I grew up in Eastern Washington on an apple and pear orchard near Yakima.  I attended the University of Washington where I studied political science.  After graduation, I was ready for a change of pace and I started law school in Missoula, Montana at the University of Montana.  After three years, I graduated with my law degree and also a master’s degree in public administration.  I was hired by, then Attorney General, Christine Gregoire as an Assistant Attorney General in Olympia, Washington.  I worked for the Department of Labor and Industries for two years doing worker’s compensation litigation all over southwest Washington before joining MBC.

Outside my practice, I stay busy with family and adventure.  My passions include skiing, off road motorcycling, sailing, running, and travel.  My wife, daughter, and I tend to enjoy just about all outdoor activities.  I love being near the water, whether it’s sailing, scuba diving, wakeboarding or exploring Puget Sound.  I’ve climbed Mt. Rainier, Mt. Adams, and Mt. Hood.  I try to motorcycle as much as I can, often riding local enduro races or just trail riding for fun with friends.  Recently I rode my motorcycle off road across Baja, Mexico.  In the winter I spend as much time as I can in the Crystal Mountain backcountry chasing fresh snow.    

Life, Law, and Football

by Jeremy Johnston

Thanks for reading the MBC blog.  This is my first blog post and an opportunity for me to tell you a little about myself.  I'm one of the newest partners at MBC and have been with the firm nearly 7 years.  A native to the Puget Sound region, I grew up in Tacoma, attended Bellarmine Preparatory, then went on to Pacific Lutheran University.  While at PLU I met my wife (Whitney), graduated with a degree in economics, and played football under hall of fame coach Frosty Westering.  I was fortunate to be chosen as a captain of the 1999 team, which went on to win the National Championship. 

After college, I married Whitney moved to Seattle and attended Seattle University School of Law.  During my last semester at law school I was an extern for federal district court judge Franklin Burgess. 

 After graduating from law school and while studying for the bar, Whitney and I had our first child, Jackson.   Jackson passed away only four days later due to complications at birth.  This time was one of the most challenging and saddest times for both Whitney and I.  After taking the bar and before receiving results, MBC welcomed me with open arms and allowed me to work as a law clerk.  Several months later I found out I had passed the bar and was offered a job at a large Tacoma law firm primarily working in debt collection and business law.  Two months later, an attorney position opened at MBC and my career began. 

I have been with MBC for nearly seven years and I am thankful everyday for the opportunity to work with wonderful partners and help people who are truly in need.  During those nearly seven years, Whitney and I have been blessed with three children.  In 2005, our twin boys Drake and Cole were born.  They just celebrated their 5^th birthday a few days ago.  In 2008, Birk was born.  I am blessed to have such a wonderful family.

In addition to my work at MBC, I continue to have a passion for football.  I am an assistant coach at Bellarmine Preparatory.  I find it exciting to not only teach kids how to play football at a high level, but to also try and influence them to live a life of class and character.

I hope you learned a little more about me and take an interest in following the MBC blog.        

Balancing Work and Play

by John R. Christensen

Hello to everyone in the Blogosphere.  This is my first foray into “blogging” so I thought I would start by telling you a little about me and what we do here at the MBC Law Firm. 

 I grew up in beautiful Salt Lake City and attended the University of Utah, graduating with two degrees in English and Political Science.  “Go Utes!”  I moved to the Great Northwest in 1986 and attended the University of Puget Sound, School of Law. “Go Loggers!”  After graduating I worked for the Washington State Attorney General’s Office representing the Department of Corrections and the Department of Labor and Industries, where I met my beautiful wife Penny Allen, who turned out to be a University of Washington graduate.  “Go Dawgs!”  In 1994 I started with the MBC Law Firm and haven’t looked back. 

When I’m not working on cases you will find me playing guitar or tending to my oyster farm.  But my real passion in life, and what we do best at MBC, is helping people.  When people call our office they are usually in some state of distress.  Whether it’s a car accident or a loved one who has passed away, I do my best to listen and give them the best advice I can. 

I look forward to continuing this blog and talking about local and national events and developments in the law that affect our community.  Don’t expect only law related topics on this blog…..from time to time I will slip in tidbits about guitars, oysters, and old cars just to keep a good balance of work and play. 

Working with the MBC team of attorneys and staff, and helping accident victims regain the shattered pieces of their lives is something I look forward to each and every day. 

Sincerely,

John R. Christensen

Attorney at Law

Tipping the Scales of Justice

by Stephen L. Bulzomi

Hello out there. My name is Steve Bulzomi and I am a partner in Messina Bulzomi Christensen. This is my first blog post and I would like to tell you a bit about myself.  I was born and raised in Seattle, the sixth of twelve children of my Italian and Irish parents. I attended St. Benedict’s grade school and Roosevelt High School.

After that I graduated from the University of Washington and moved to Tacoma to attend the University of Puget Sound Law School.  MBC’s predecessor firm hired me as a legal intern on January 31, 1984 and I have been here ever since.

I soon learned that representing victims of negligence conformed to my sense of justice and disposition toward helping the underdog. I handle a variety of injury and death claims, and I also write and argue the firm’s appeals. I have found after 25 years as a lawyer that the civil justice system is under constant attack from the forces of big insurance, big business, and government.

As a member of this firm, and as an officer of the Washington State Association for Justice, I have helped stave off efforts to gut the rights of victims and to hold wrongdoers accountable. These efforts continue today, as the Insurance Industry and Wall Street have submitted Initiative 1082, which is an attempt to allow private insurance companies to invade Washington’s Worker’s Compensation System. I will write more about that in a future post.

Welcome to our blog. I hope you find it interesting and informative.

Lessons Learned from Representing Damaged People

by John L. Messina

I am a trial lawyer.  I practice in the Messina Bulzomi Christensen law firm in Tacoma.   Many people do not like what we do.  The media often reports of huge jury awards and settlements.  Inevitably that is followed by howls about “jackpot juries” and “greedy trial lawyers.”  I find that troubling.

I was a high school teacher for eight years.  During the last four years I was also a full-time law student at Gonzaga University in Spokane.  My wife and I had three children during those four years. I taught at Lewis and Clark High School during the day and attended classes at night.  Amazing how much energy one has during youth.  I have practiced law for 41 years now and have had a reasonably successful career with a lot of material possessions.  Yet, the four years of law school, while we were poor, were years of riches and happiness.

My practice, along with my four great lawyer-partners, has consisted of representing terribly broken and injured people.  My memories of law school and my experience with my clients’ stories have, I hope, forged a philosophy of life.  I have heard it said that one can never be “too thin or too rich.”  I believe the flip side of that coin is, “One can never be too generous.”

We five lawyers agree that, when you represent people who have lost limbs, been confined to a wheel chairs, or buried a child, it changes you.  It has to.  You go along and you absorb the pain of the clients and it makes you a different person.  Yes, there are lawyers who see damaged people as just a big payday, but only a few and none whom I consider a friend.

As you process one heartbreaking story after another, you come to realize that life is not about who has the most toys, but who has the most joys.  Much joy comes from being kind and sharing.  This is not always about money.  One can be generous in many ways, by a kind word, needed advice, by being there during a hard time, by sharing some special talent, by community service.

Material possessions are wonderful – to be enjoyed, especially as a reward for hard work and talent.  Yet, there are so many people out there who cannot enjoy much in life, because of some terrible injury or disability.  We see them on a regular basis.  We get them money, but it never replaces what they have lost.  Some of them are even millionaires, but only in the material sense.  Most are actually quite poor as it relates to the joys of life.  If you are not wealthy but you and your family are whole and healthy, you have all the riches you need.  Remember to share of yourself.

John L. Messina participating in the United Way Day of Caring