Appeals

When your case is presented to the appellate courts, your lawyer’s credibility matters. Our appellate team is headed by Bertha B. Fitzer. With 35 years experience in the appellate courts, she is an attorney Washington judges trust. A former hearing officer for the Washington State Bar Association, the Supreme Court have relied on decisions to decide tough issues, including when to disbar attorneys who breach our rules of ethical conduct.

Here are just some of the many published decisions on important public issues Bertha has handled through the years.

Dunnington v. Virginia Mason Med. Ctr., 187 Wn.2d 629 (2017)

Successful Pretrial Appeal Limiting Loss of Chance
Doctrine and Imposing Patient’s Duty to Return for Care

Clark v. Teng, 195 Wn. App. 482 (2016)

Order Granting Plaintiff’s Motion for New Trial and Terms
Reversed for Entry of Judgment on Jury
Verdict in Favor of Surgeon.

Osborn v. Mason County, 157 Wn.2nd 18(2006)
(Amicus Curiae WAPA)

Successfully limited scope of the duty to
warn for criminal conduct of third parties

Paradise Bowl, Inc. v. Pierce County

124 Wn. App. 759(2004)
Jury Verdict in favor of gambling facility reversed,
County had authority to limit
gambling activity as a matter of law.

Treyz v. Pierce County
118 Wn. App. 458(2003)

Affirmed County’s Right to Re-Configure District Courts

HJS Inc. v. Pierce County

148 Wn.2nd 451(2003)
Obtained Reversal of Trial Court’s Ruling that
Revocation of a Plat Approval was Not Authorized

Biggs v. Vail

119 Wn.2nd 129 (1992); 124 Wn.2nd 193 (1994)
Limited application of the frivolous claim statute

Morris v. Intrn’l Yogurt

107 Wn. 2nd 314 (1986)
Correct Interpretation of Franchise Protection Act

Tank v. State Farm
(Amicus Curiae for WDTL)

105 Wn. 2d 381 (1986)
Duty of Defense Counsel to Insured
when defending under reservation of rights