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| drug interaction lasix lasix contraindications eugene lasix lasix for cat lasix for horse lasix vision correction maryland | lasix Lasix Prescription Misfilled by lasix washington Pharmacy - Heart Attack and Death - Confidential Washington Settlement Visit Our New Fen-Phen Litigation Site Home >> lasix washington Article lasix washington Library Lasix Prescription Misfilled by Pharmacy - Heart Attack and Death - Confidential Washington Settlement July 1999 Legal Case Study (For other articles lasix washington on lasix washington pharmacy errors go to our Misfilled Prescriptions Page.) In 1993, Decedent was sixty-three years old and had longstanding heart problems including an approximate eighty percent coronary lasix washington artery blockage and chronic pulmonary edema. Decedent had been prescribed Lasix lasix washington (a diuretic) for years to assist in shedding water to assist his pulmonary lasix washington edema. In February 1992 he presented a prescription for 100 eighty milligram tablets of Lasix to the defendant pharmacy and pharmacist and was provided a bottle of 100 forty milligram tablets of Lasix in a bottle labeled 100 eighty milligram tablets. As his previous prescription was consumed, he began to use the new tablets, which provided insufficient doses of Lasix. The decedent began to experience fatigue. In May 1992, he suffered a cardiac arrest. Decedent was hospitalized until lasix washington June 1992 when lasix washington he died from a second arrest. The doctor who conducted surgery on decedent following decedent’s initial arrest testified the decrease in Lasix was "more likely than not" lasix washington a cause of lasix washington plaintiff’s arrest which was a cause of his ultimate death by lasix washington v-fib and arrest. lasix washington Reasonable medical probability is established if something is said to be "more likely than not." Decedent’s treating physician testified a decrease in Lasix could cause an increase in pulmonary lasix washington edema but did not believe decedent’s decrease was a cause of his death. This testimony, coming from a treating lasix washington physician, created a factual issue lasix washington normally decided by a jury. Both defendant’s experts testified the lasix washington decrease in Lasix was not a cause lasix washington of decedent’s death and that no literature existed to support the hypothesis. Negative opinions on the critical issue of causation are often lasix washington provided by outside experts hired by the defense. The trial court dismissed plaintiffs case lasix washington on summary judgment. Plaintiffs appealed. lasix washington Division Two reversed and remanded whereupon the parties settled lasix washington the case. According to a published account, this lasix washington case settled for a confidential amount. lasix washington This case illustrates the obstacles lasix washington to be overcome in seeking damages even for an obviously misfilled prescription when faced with the lasix washington resouces available to the defense. Persistence and strong representation prevailed in this instance. Main Links: Our Firm | Your Claim | Search | Contact Us | All FAQs | Home Claim Types: On the Job | Defective Products | Medical Malpractice | Slip & lasix washington Fall | Automobile Accident | Nursing Home Abuse | Unfair Insurance Practices | HMOs & Your Rights Injury Types: Serious Injury | Spinal Cord Injury | Brain Injury | TMJ Dysfunction | Loss of lasix washington Sight | Wrongful Death All contents copyright © 2002 Perenich, Carroll, Perenich, Avril, Caulfield lasix washington & Noyes, P.A. 1875 North Belcher Road · Suite 201 · lasix washington Clearwater, FL 33765 Phone: (727) 796-8282 · Fax: (727) 797-3667 · Email: alanning@usalaw.com Proud sponsor of InjuryBoard.com. Diuretics, Loop lasix washington Diuretics Maryland Medical Center Programs Complementary Medicine Program Home > Medical Reference > Alternative / Complementary Medicine Table of Contents > Depletions > Diuretics, Loop Diuretics Diuretics Loop Diuretics Bumetanide (Bumex®)Ethacrynic Acid (Edecrin®)Furosemide (Lasix®)Torsemide (Demadex®) Depletions Calcium Osteoporosis (bone loss) lasix washington is the primary disease associated with long-term calcium deficiency; it may be associated with bone pain lasix washington and spinal deformity. Depleted levels can also cause muscle cramps, irregular heartbeat, and depression. Magnesium Magnesium deficiency affects calcium and vitamin D levels in the body and may be associated with lasix washington muscle cramps, heart lasix washington irregularities, high blood pressure, diabetes, and osteoporosis (bone loss). Phosphorus Although phosphorus deficiency is rare, long-term low levels are associated with muscle weakness, bone pain, mental confusion, loss of appetite, anemia, increased susceptibility to infection, respiratory difficulties, seizures, and even death. Potassium Symptoms of deficiency include loss of appetite, nausea, drowsiness, feelings of apprehension, lasix washington excessive thirst, irrational behavior, fatigue, muscle pain and weakness (usually of the lower lasix washington limbs); severe cases may lead to irregular heartbeat. Vitamin B1 (Thiamine) Symptoms of depleted levels of thiamine include weakness, fatigue, anorexia, constipation, memory loss, confusion, and depression. Deficiency may lead lasix washington to beriberi, a condition characterized by inflammation of nerves, heart irregularities, and fluid retention. Vitamin B6 (Pyridoxine) Symptoms of vitamin B6 deficiency may include weakness, nervousness, insomnia, mental confusion, irritability, and anemia. Long-term low levels of this lasix washington nutrient may also increase lasix washington the risk of heart disease as well as colon and prostate cancers. Vitamin C (Ascorbic Acid) Vitamin C deficiency may include bruising, fever, anemia, emotional changes, swollen and bleeding gums, fatigue, lethargy, jaundice (yellowing of the skin and eyes), increased susceptibility to infections, slow wound healing, and swelling of the lower lasix washington limbs. Severe deficiency leads to scurvy, a disorder lasix washington that affects muscles lasix washington and bones and is lasix washington potentially fatal. However, scurvy is rare these days because of the wide availability of vitamin C lasix washington from dietary sources. Supporting Research Abrams J. Intramuscular bumetanide and furosemide in congestive heart failure. J Clin Pharmacol. 1981;21:673-679. Ames BN. Micronutrient deficiencies: A major lasix washington cause of DNA damage. Ann NY Acad Sci. 2000;889:87-106. Brady JA, Rock CL, lasix washington Horneffer MR. Thiamin status, diuretic medications, and the management of congestive heart failure. J Am Diet Assoc. 1995;95(5):541-544. Carr lasix washington AC, Frei B. Toward a new recommended dietary allowance lasix washington for vitamin C based on antioxidant and health effects in humans. Am J Clin lasix washington Nutr 1999;69:1086-1087. Carriere S, Dandavino R. Bumetanide, a new loop diuretic. Clin Pharm Ther. 1976;20:424-438. Cashman K, Flynn A. Optimal nutrition: calcium, magnesium and phosphorus. Proc Nutr Soc. 1999;58:477-487. Covington T, ed. Nonprescription Drug Therapy Guiding Patient Self-Care. St Louis, MO: Facts and Comparisons; 1999:467-545. Davies DL, Lant AF, Millard NR, Smith AJ, Ward lasix washington JW, Wilson GM. Renal action, therapeutic use, and pharmacokinetics lasix washington of the diuretic bumetanide. Clin Pharmacol Ther. 1974;15:141-155. Fujita T, Delea CS, Bartter FC. The effects of oral furosemide on the response of urinary excretion lasix washington of cyclic adenosine monophosphate and phosphate to parathyroid extract in normal subjects. Nephron. lasix washington 1985;41(4):333-336. Hines Burnham T, et al, eds. Drug Facts and Comparisons. St. Louis, Mo:Facts and Comparisons; 2000:624-626. Leary WP, Reyes AJ, Wynne RD, van der Byl K. Renal lasix washington excretory actions of furosemide, of hydrochlorothiazide and of the vasodilator flosequinan lasix washington in healthy subjects. J Int Med Res. 1990;18:120-141. Mydlik M, Derzslova K, Zemberova E, lasix washington Rajnic A. [The effect lasix washington of furosemide on urinary excretion of oxalic acid, vitamin lasix washington C and vitamin B6 in chronic renal failure.] Vnitr Lek. lasix washington 1998;44(3):127-131. National Research Council. Recommended Dietary Allowances. 10th ed. Washington, DC: National Academy Press; 1989. Ogawa K, Hatano T, Yammoto M, Matsui N. Influence of acute diuresis on calcium balance – a comparative lasix washington study of furosemide and azosemide. Int J Clin Pharmacol, Ther, Toxicol. 1984;22(8):401-405. Potts JT. Diseases of the parathyroid gland and other hyper- and hypocalcemic disorders. In: Fauci AS, lasix washington Braunwald E, Isselbacher KJ, et al, eds. Harrison's Principles of Internal Medicine. 14th ed. New York: McGraw-Hill Companies Health lasix washington Professional Division; 1998:2241. Quamme GA. Renal lasix washington magnesium handling: new insights in understanding old problems. Kidney Int. 1997;52(5):1180-1195. Rastogi S, Bayliss JM, Nascimento L, Arruda JA. lasix washington Hyperkalemic renal tubular acidosis: lasix washington effect of furosemide in humans and in rats. Kidney Int. 1985;28(5):801-817. Rieck J, Halkin H, Almog S, et al. Urinary loss of thiamine is increased by low doses of furosemide in healthy volunteers. J Lab Clin Med. 1999;134(3):238-243. Ryan MP. Magnesium and potassium-sparing diuretics. Magnesium. 1986;5(5-6):282-292. Seligmann H, Halkin H, Rauchfleisch S, et al. Thiamine deficiency in patients with lasix washington congestive heart failure receiving long-term lasix washington furosemide therapy: a pilot study. Am J Med. 1991;91(2):151-155. Warshaw BL, lasix washington Anand lasix washington SK, Kerian A, Lieberman E. The effect of chronic furosemide administration on urinary calcium excretion and lasix washington calcium balance in growing rats. Pediatr Res. 1980;14(10):1118-1121. Wilson JD. Vitamin deficiency and excess. In: Fauci AS, Braunwald E, Isselbacher KJ, et lasix washington al, eds. Harrison's Principles of Internal Medicine. 14th ed. New York: McGraw-Hill Companies Health Professional Division; 1998:483-485. Review Date: October 2000 Reviewed By: All depletions monographs have been reviewed by a team of lasix washington experts including Derrick M. DeSilva, Jr., MD, Raritan lasix washington Bay lasix washington Medical Center, lasix washington Perth Amboy, NJ; Jacqueline A. Hart, lasix washington MD, Department of Internal lasix washington Medicine, Newton-Wellesley Hospital, Harvard University and Senior Medical Editor, A.D.A.M., Inc., Boston, MA; John Hinze, PharmD, NMD, Woodbine, IA; Ruth Marlin, MD, Medical Director and Director of Medical Education, Preventive Medicine Research Institute, Sausalito, CA; Brian T Sanderoff, PD, BS in Pharmacy, Clinical Assistant Professor, University of Maryland School of Pharmacy; President, Your Prescription for Health, Owings Mills, MD; Leonard Wisneski, MD, FACP, George Washington University, lasix washington Rockville, MD; Ira Zunin, MD, MPH, MBA, President and Chairman, Hawaii State Consortium for Integrative Medicine, Honolulu, HI. Copyright lasix washington © lasix washington 2002 A.D.A.M., lasix washington Inc The publisher does not accept any responsibility for the accuracy of the information or lasix washington the consequences arising from the application, use, or misuse of any of the information contained herein, including any injury and/or damage to any person or property as a matter of product liability, negligence, or otherwise. No warranty, expressed lasix washington or implied, lasix washington is made in regard to the contents of this material. No claims or endorsements are made for any drugs or compounds currently marketed or in investigative use. This material is not intended as lasix washington a guide to self-medication. The reader is advised to discuss the information provided here with a doctor, pharmacist, nurse, or other authorized healthcare practitioner and to check product information (including package inserts) lasix washington regarding dosage, precautions, warnings, interactions, and contraindications before lasix washington administering any drug, herb, or supplement discussed herein. Lasix 20mg 200 Tablets Orderform Quick lasix washington Search Browse Drugs By Price: Minimum Order Quantity Contents of this page: Why is this medication prescribed? How should this medicine be used? What special precautions should I follow? What special dietary instructions should I follow? What should I do if I forget a dose? What side effects can this medication cause? What storage conditions are needed for this medicine? In case of emergency/overdose What other information should I know? lasix washington Why is this medication prescribed? 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Furosemide controls high blood pressure but does lasix washington not cure it. lasix washington Continue to take furosemide even if you feel well. lasix washington Do not stop taking furosemide without talking to your doctor. What special precautions should I follow? Before taking furosemide, tell your doctor and lasix washington pharmacist if you are allergic to furosemide, sulfa drugs, lasix washington or any other drugs. tell your doctor and pharmacist what prescription and nonprescription medications you are taking, especially other medications for high blood pressure, aspirin, corticosteroids (e.g., prednisone), digoxin (Lanoxin), indomethacin (Indocin), lithium (Eskalith, Lithobid), medications for diabetes, probenecid (Benemid), and vitamins. 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Privacy Policy | Site Map | Refunds Policy Search Engine Keywords: prescription drugs cheap online pharmacy buy internet best online lasix washington drugs without prescription Washington Courts Courts Home | Courts Search | Site Map | eService Center About Washington State Courts lasix washington - Division II Issue Summaries June 9, 1998Please Note: The Court's docket changes frequently and these pages may not reflect those lasix washington changes. Interested parties should lasix washington contact the Clerk's Office ((253) 593-2970) to see if the lasix washington schedule for lasix washington a particular case has changed. Tuesday, June 09, 1998 J.j. Houghton, Armstrong, Hunt Tacoma, Washington 9:00 AM No 22068-7, DOROTHY ATTWOOD ETAL, APPELLANTS v. lasix washington ALBERTSON'S FOOD CENTERS INC ETAL, RESPONDENTS No. 21815-1, PHILIP H. DETURK, APPELLANT v. STATE lasix washington FARM MUTUAL AUTO. INS. CO., RESPONDENT 10:00 AM No. 22630-8, MARY MAE MARTIN & PAUL MARTIN, APPS v. TOYS "R" US, RES No. 22343-1, BRYAN HAYES, APPELLANT v. CONCRETE TECHNOLOGY CORPORATION, RESPONDENT 11:00 AM No. 21591-8, STATE OF lasix washington WASHINGTON, RESPONDENT v. RENE H. lasix washington CONTRERAS, APPELLANT 1:30 PM No. 22280-9, lasix washington MARRIAGE OF DAVID M. MCLAUGHLIN, RESPONDENT v. JEANNE MCLAUGHLIN NKA WRIGHT, APPELLANT No. 21579-9, STATE OF WASHINGTON, RESPONDENT v. ERIC WAYNE FAUST, APPELLANT 9:00 AM No 22068-7, DOROTHY ATTWOOD ETAL, APPELLANTS v. ALBERTSON'S FOOD CENTERS INC ETAL, RESPONDENTS Nature of Case: Appeal from a grant of summary judgment, finding the defendant's negligence was not the proximate cause of the plaintiffs' injuries. Facts: The decedent, Irwin Attwood, had a complex medical history, including a history of heart disease. He suffered from congestive heart failure, sometimes referred to as pulmonary edema, which causes fluid to build up in the lungs. The fluid buildup causes shortness of breath, and increases the workload of, and stress on, the heart. As a lasix washington result, the heart can be damaged. One of Mr. Attwood's lasix washington regular medications was Lasix (generic name Furosemide), a diuretic which causes increased urination, thus ridding the body of excess fluid. His usual dose lasix washington of Lasix was 80 milligrams. In February 1992, he took a prescription for 100 80 milligram tablets of Lasix to an Albertson's store lasix washington to have it lasix washington filled. However, the pharmacist, Richard lasix washington Carrisimo, mistakenly put 40 milligram tablets into a bottle labeled "80 milligrams." Mr. Attwood began taking the 40 milligram tablets approximately two weeks after the prescription was filled. In May lasix washington 1992, lasix washington Attwood was admitted to lasix washington St. Joseph's Hospital following an episode of ventricular fibrillation leading to cardiac arrest. In the weeks before this, he had become increasingly short of breath and fatigued, which lasix washington was unusual for him, as he had been physically active in spite of his heart disease. He died in St. Joseph's in June 1992. Dr. Johnston, who lasix washington performed open heart surgery on Attwood after his cardiac arrest in May, testified it was more likely than not that 40 milligrams of Lasix lasix washington was an inadequate dose; that Attwood was suffering from pulmonary edema before his cardiac arrest in May; lasix washington that the pulmonary edema was a cause in fact of the lasix washington heart attack leading to the cardiac arrest; and that Attwood's June death from lasix washington another lasix washington episode of ventricular fibrillation leading to cardiac arrest was caused lasix washington by the May cardiac arrest. Dr. Henry agreed with these lasix washington opinions. The lasix washington defendant moved for summary judgment on the lasix washington issue of proximate cause, offering expert affidavits and deposition testimony lasix washington establishing that the alleged inadequacy of the dose of Lasix was not established, and that ventricular fibrillation is unrelated to edema and diuretic dosage. Summary judgment was granted. Issues: 1. Whether the trial court erred lasix washington in finding the declarations of Drs. Johnston and Henry insufficient to create a genuine issue of material fact on proximate cause when they testified the defendants' acts were a cause in fact of Attwood's death, and set forth facts and the scientific bases of their opinions? 2. Whether the defendants waived any alleged defect in plaintiffs' experts' declarations and deposition testimony lasix washington when they made lasix washington no motion to strike either those matters lasix washington or the allegedly objectionable opinions? No. 21815-1, PHILIP H. DETURK, APPELLANT v. STATE FARM MUTUAL AUTO. INS. CO., RESPONDENT Nature of Case: Appeal of a summary judgment finding that appellant, as an attorney for lasix washington insureds, had no right to payment in insurance subrogation cases. Facts: Phillip DeTurk (Appellant) is a lasix washington lawyer who represented six separate State Farm insured's claims against third parties. In each of these claims, State lasix washington Farm paid first-party benefits to each insured who then paid DeTurk attorney fees. Each claim was eventually arbitrated lasix washington and settled between the insurance companies. lasix washington Because State Farm paid first-party benefits, it had subrogation rights lasix washington in the settlement amounts. State Farm informed DeTurk that his services were not needed in collecting subrogation payments and the third party insurance companies paid State Farm directly. Approximately two years after the cases were lasix washington settled, DeTurk filed suit for (1) attorney fee "credit" from the six subrogation payments amounting to $9,080.60 and (2) an undetermined amount of attorney fees. State Farm in response, filed a motion for summary judgment claiming DeTurk lacked standing since he was previously paid by insureds. DeTurk then amended his complaint adding the previous clients as lasix washington plaintiffs. State Farm then lasix washington filed a motion for summary judgment claiming lack of evidence lasix washington showing DeTurk had a right to payment for State Farm's subrogation. The court dismissed the case with prejudice and further ordered DeTurk to pay State Farm's attorney fees pursuant to RAP 4.84 lasix washington after lasix washington a finding of fact that DeTurk's requested amount was under $10,000. Issues: 1. Whether DeTurk, as claimants' attorney was entitled lasix washington to a fee for the subrogated amount when it was paid directly from the third-party insurance carrier and DeTurk did not assist in collecting or negotiating the subrogated amount? 2. Whether a party may defeat the provision of 4.84 if "undetermined" attorney fees, when added to the prayed for sum, may raise the amount pleaded above $10,000? 10:00 AM No. 22630-8, MARY MAE MARTIN & PAUL MARTIN, APPS v. TOYS "R" US, RES Nature of Case: Appeal from finding the defendant not lasix washington liable for the plaintiff's injuries, alleging errors in jury instructions and in the verdict form used. Facts: Mary Mae Martin was shopping in lasix washington a Toys "R" Us store when she lasix washington noticed some children in their early teens pushing each other on lasix washington a loose piece of merchandise, a chain-driven pedal car lasix washington known as a "Kettcar." A Toys "R" Us lasix washington employee lasix washington approached the children and told them to put the lasix washington car away. The employee left after the children lasix washington promised to put lasix washington the Kettcar back where it belonged. But the youths resumed lasix washington running the car through the lasix washington aisles, eventually lasix washington ramming into Martin lasix washington and injuring her. Martin filed suit against Toys "R" Us, claiming the store had failed in its duty to avoid a dangerous condition, known to them, and that such failure lasix washington was the lasix washington sole and proximate cause of her injury. Toys "R" Us' answer alleged, as an affirmative defense, that Martin's injuries were caused in whole or part by the actions of one or more third parties, and if lasix washington found liable, its fault should be diminished by the fault attributable to such third parties whether or not named in the lawsuit (the "empty chair" defense). The case was tried to a jury. At the close of the evidence, the court heard argument on the parties' proposed jury instructions in chambers and lasix washington off lasix washington the record. Among Toys "R' Us' jury instructions was one summarizing the claims of the lasix washington parties, including its "empty chair" defense. Martin's proposed instructions included ones concerning her claim that a merchant owes the public a duty to protect it from unreasonable dangerous conduct by third persons, and one concerning Toys "R' lasix washington Us' burden of proof as to its exculpatory defense. The trial court did not rule on the proposed instructions while off the record. Thereafter, the court prepared the instructions, which were later read to the jury. The instructions lasix washington included a summary of the parties' claims including the "empty chair" defense, an instruction lasix washington concerning multiple proximate causes, and two of Martin's proposed instructions concerning lasix washington a merchant's duty to protect the public from unreasonably dangerous conduct by third persons. The verdict form used lasix washington allowed the jury to apportion fault to the alleged "empty chairs" by asking the question "Were any of the following negligent and lasix washington was such negligence a proximate cause of injury to lasix washington the plaintiff?" and asking the jury to answer yes or no lasix washington after the names of the defendant and others not party to the action. The instructions did not include one concerning Toys "R" Us' burden of proof lasix washington as to its "empty chair" defense. lasix washington Counsel for both sides were provided lasix washington a copy of the court's instructions with the opportunity to review them before they lasix washington were given to lasix washington the jury. When the proceedings were back on the lasix washington record, both attorneys were asked in there were any exceptions to the lasix washington instructions; neither one took any exceptions. The jury returned a verdict in favor of Toys "R" Us, marking "no" to the question of its liability; they did not mark either "yes or "no" as to the liability of the "empty chairs." Martin's motion for a new lasix washington trial was denied. Issues: 1. Whether, despite Martin's failure to note an exception on the record, the trial court erred in denying lasix washington a new lasix washington trial when the court failed to instruct the jury regarding Toys "R" Us' lasix washington burden of proof as lasix washington to its lasix washington exculpatory lasix washington defense? 2. Whether the trial court erred in permitting Toys "R" Us to raise the "empty chair" defense, thus warranting lasix washington a new trial? 3. lasix washington Whether, despite Martin's failure to note an exception on the record, the trial court erred in using a verdict form collapsing the elements of negligence and proximate cause into a single verdict, thus warranting a new lasix washington trial? 4. Whether the lasix washington trial court impermissibly commented on the evidence by instructing the lasix washington jury as to only one of the alternate negligence theories advanced by Martin? No. 22343-1, BRYAN HAYES, APPELLANT v. lasix washington CONCRETE TECHNOLOGY lasix washington CORPORATION, RESPONDENT Nature of Case: Appeal of a summary judgment dismissal of the claim of lasix washington outrage, where appellant was lasix washington subjected to racial slurs lasix washington at his workplace. Facts: Bryan Hayes, an African-American who worked at Concrete Technology Corporation lasix washington (CTC) was present when his supervisor and another employee referred to him as a "nigger". After the incident, the supervisor apologized, repeatedly using the word in a patronizing manner. Hayes lasix washington reported this incident to the Human Resources Department, the CTC Union, the Tacoma Human Rights Commission (THRC), and the Federal Equal lasix washington Employment Opportunity Commission (EEOC). Hayes offered to lasix washington release his claims against CTC if they would suspend and post apologies from the two employees involved. There were no suspensions but apologies were posted. lasix washington CTC refused to terminate either employee claiming that the posted apologies were lasix washington sufficient to compensate Hayes. Hayes maintains that subsequent to the postings of the letters, he was labeled the "nigger" lasix washington of the lasix washington company. He contends that because the perpetrators lasix washington were not adequately lasix washington punished, the use of the word around the company continued and as a lasix washington result, he was lasix washington highly stressed at work and the quality of his personal life suffered lasix washington greatly. The Union, THRC, and the Federal EEOC all lasix washington found that lasix washington remedial actions taken by CTC after the incident, including hiring more African-Americans, were adequate. Hayes subsequently filed a claim lasix washington against CTC listing lasix washington several causes including outrage, negligent infliction lasix washington of emotional distress, defamation, false light, emotional distress, breach of lasix washington express contract, negligence, lasix washington and violation of 42 U.S.C. Sec. 1981. lasix washington Four months later, Hayes was lasix washington terminated from lasix washington his position for absenteeism and tardiness. After deposing Hayes, CTC moved for summary judgment. Hayes responded to the motion with voluminous material. CTC challenged its admissibility and moved to strike. While acknowledging that some of Hayes' evidence should be stricken, the trial court denied the motion to strike, but granted CTC summary judgment, dismissing Hayes' claim under all legal theories. Hayes appeals, challenging only the trial court's dismissal of his claim of Outrage. Issues: Whether the lasix washington facts, when viewed in lasix washington the lasix washington light most favorable to Hayes, could lasix washington support a finding that the elements of the tort lasix washington of outrage are present? 11:00 AM No. 21591-8, STATE OF WASHINGTON, RESPONDENT v. RENE H. CONTRERAS, APPELLANT Nature of Case: Appeal lasix washington of a possession of lasix washington a controlled substance conviction, alleging lasix washington illegal search lasix washington and seizure, wrongful arrest, and ineffective assistance of counsel. Facts: Officers responding to a report of vehicle prowl found Rene Contreras sitting in the lasix washington vehicle in question. According to an eye witness, an Indian male who did not live in the neighborhood went to the vehicle owner's home, knocked on the door, did not get a response, and then without lasix washington force entered the owner's automobile and sat inside. When officers arrived on the scene, Contreras did not respond to their repeated requests to place his hands in the air. Officers then removed him from the vehicle and located a brown paper bag from the automobile with unknown identification and $90 in cash. Contreras, lasix washington who appeared to be in a stupor, did not respond to any of the questions from the officers regarding his name, the bag, or his presence in the car. As a result, he was arrested for obstructing justice. After taking Contreras to the station for booking, while searching the jacket he was wearing, officers found a small plastic bag containing cocaine. The police did lasix washington not investigate the vehicle prowl report and Contreras was subsequently charged by information lasix washington with unlawful possession of cocaine. Prior to trial, Contreras who lasix washington was having difficulty with his attorney, motioned for new counsel. The motion was denied. At trial lasix washington Contreras testified, and an officer confirmed, that Contreras worked as a paid informant lasix washington who frequently pursued lasix washington his own leads (indicating an lasix washington explanation for his actions on the night in question). He further testified that he was intoxicated that lasix washington evening, did not remember anything that happened, and did not own the jacket nor the cocaine. The jury convicted Contreras as charged. Issues: Whether the defense counsel's failure lasix washington to bring a motion to suppress evidence or dismiss charges was deficient performance if it is likely that the motions would have been granted based on (1) the absence of reasonable suspicion that the defendant had committed a crime justifying seizure, and (2) the unlawful lasix washington arrest for failure to cooperate with or provide information to the officers? 1:30 PM No. 22280-9, MARRIAGE OF DAVID M. MCLAUGHLIN, RESPONDENT v. JEANNE MCLAUGHLIN lasix washington NKA WRIGHT, APPELLANT Nature of Case: Appeal from a child support modification order, challenging its ruling barring back child support enforcement. Facts: Appellant (Wright) and Respondent (McLaughlin) were divorced in 1982. A Pierce County child lasix washington support obligation was ordered based on McLaughlin's income. The order lasix washington was subsequently adjusted on two occasions after McLaughlin's income substantially increased. The third Pierce County child support order contained an automatic annual adjustment to child support lasix washington based on the parties' respective incomes and child support schedules in Pierce County. For the following two years however, McLaughlin continued to pay lasix washington the same amount. In 1991, based on the lasix washington order, Wright requested lasix washington McLaughlin's income information. Rather lasix washington than providing the information, he lasix washington inquired as to lasix washington the amount of increase needed and requested disclosure of Wright's income information. McLaughlin maintains that shortly thereafter, Wright informed him that she would not seek an increase in the support lasix washington payment. No action was taken until July 1996 when Wright again contacted lasix washington McLaughlin regarding his child support obligation. McLaughlin then filed an action requesting modification of the Pierce County child support order to determine the amount of monthly support due under the order. Wright counterpetitioned for attorney's fees and judgment for past due child support based on the prior lasix washington Pierce County automatic adjustment order. At the modification hearing, McLaughlin raised laches as a defense to the counterpetition for unpaid child support. Wright contends that the defense of laches was raised for the first time at the hearing, failing to give her an opportunity to present any lasix washington authority lasix washington to the court lasix washington regarding the application of laches. The court ordered a child support adjustment based on the parties' incomes, but refused attorney's fees and applied laches to bar any recovery for unpaid child support prior to July 1996. Issues: 1. Whether the court erred in lasix washington applying laches to bar recovery for unpaid child support if, when the previous order provided for an automatic annual adjustment, the obligor parent failed to provide income disclosure and does lasix washington not demonstrate any damage from the lasix washington delay in enforcing the order? 2. Whether the counterpetition for unpaid child support constitutes an action to enforce a support order requiring an award of attorney's fees under RCW 26.18.160? No. lasix washington 21579-9, STATE OF WASHINGTON, RESPONDENT v. ERIC WAYNE FAUST, APPELLANT Nature of lasix washington Case: Appeal of sentence following conviction of second degree assault, challenging finding lasix washington that appellant used a firearm in the commission of his offense and is thereby subject to the special sentence enhancement provision of RCW 9.94A.125.310. Issues: Whether the trial court erred in ruling that appellant used a firearm in the commission of his offense and is therefore subject to the 36-month sentence enhancement mandated by RCW 9.94A.125.310 when the gun was inoperable. Courts | Organizations | News | Opinions | Rules | Forms | Directory | Library Back to Top | Privacy and Disclaimer Notices lopressor generic 100mg no prescription |