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STEWART A. ESTES

KEATING, BUCKLIN & McCORMACK, Inc., P.S. 800 Fifth Avenue, Suite 4141 Seattle, WA 98104

(206) 623-8861 CELL: (206) 719-6831 [email protected] www.kbmlawyers.com/attorneys.estes.htm

EDUCATION

University of New Mexico School of Law J.D. 1985

University of Arizona B.A. 1982, Political Science

Scholastic Achievements: New Mexico Law Review American Jurisprudence Award: Regents Award, University of Arizona 1978-1982.

PERSONAL

Born 1960, Arizona. Married, four children.

Resident of Washington since 1982.

EMPLOYMENT

August 1992 to Present Shareholder (1995), Keating, Bucklin & McCormack, Seattle, WA. Trial practice involving the of cities, the State of Washington, and private businesses and their officials and employees, named in civil damage actions. Emphasis in Civil Rights Act, liability, employment discrimination, and sexual issues. Guardian ad litem of minor tort victims, plaintiff , and general practice issues.

September 1987 to July 1992 Assistant Attorney General, State of Washington Office of the Attorney General, Olympia, WA. Claims and General Legal Divisions.

January 1991 to March 1992 Instructor, South Puget Sound Community College, Olympia, WA Legal Assistant Program.

April 1986 to September 1987 Staff Attorney, Spokane Legal Service Center, Spokane, WA. Trial practice involving child custody matters, with risk to the child.

December 1985 to April 1986 Attorney, Winston & Cashatt, Spokane, WA. Civil litigation involving insurance defense, Plaintiff medical and asbestos claims, and WPPSS.

January to May 1985 Judicial Extern, Supreme Court of New Mexico, Honorable William J. Riordan.

2 ASSOCIATIONS AND ACTIVITIES

Washington State Bar Association (November 1985), Bar Number 15535 King County Bar Association U. S. Supreme Court Bar Association (November 1994)

Washington Defense Trial Chair , Amicus Committee, 1997- Present Board of Trustees, 2002-2003 Member, 1992- Present

Washington State Bar Association, Court Rules & Procedures Committee , 1997 - 2000 Civil Rights Committee , 1995 - 1997 Legal Aid Committee , 1989 - 1992

Defense Research Institute, 1997 - present Arbitrator, King County Superior Court, 1993 - present

Washington State Brain Injury Foundation, 1994 - 1998 Government Lawyers Bar Association 1988 - 1992 Thurston-Mason Pro Bono Program, 1987-1992

Washington Super Lawyers, 1999-2004, 2008, 2009

Seattle’s Top Lawyers, Seattle Magazine, July 2010 (Civil Rights)

Washington Appellate Lawyers Association, 2005-Present

3 PRESENTATIONS

Concussion Management: Standards & Liability – University of Washington, The Business of Sport, April 30, 2010

WDTL Amicus Committee Update

The Latest WDTL Amicus Cases

Update on Wrongful Death and Case Law Washington Defense Trial Lawyers, Annual Tort Law Update December 2007, 2008, 2009

Public Records – Requests and Disclosures, Washington Cities Insurance Authority, Regional City Attorney Seminar, June 20, 2007

The Qualified Immunity Doctrine in Civil Rights Act Litigation; and, Ethical Considerations in Police Litigation .

Police Liability Seminar, Lorman Educational Services, January 2002 - 2005.

The Defense and Indemnification of Public Employees, Washington State Association of Municipal Attorneys, Annual Conference, October 3, 2003, Spokane.

Municipal Probation Supervision, City Attorney Seminar, Washington Cities Insurance Authority, November 1, 2002.

Firearms and Restraining Orders; and, Conducting Investigations Police Chiefs Seminar, Wash. Cities Insurance Authority, April 21 , 2000.

Dealing with the Effects of Initiative 695 on City Employees, Executive Board Education, Washington Cities Insurance Authority, January 21, 2000.

Personnel Matters and The Role of the City Attorney, City Attorney Seminar, Washington Cities Insurance Authority, November 6, 1998.

Wireless Communications Litigation, City Attorney Seminar, Washington Cities Insurance Authority, October 1997. 4 Public Records and Risk Management . Association of Public Communication Officials, Directors’ Conference, December 4, 1996.

What's Left of Third Party Practice: RCW 4.22.070, Contribution & Beyond , Annual Insurance Law Seminar, Washington Defense Trial Lawyers, December 5 & 6, 1996.

Public Records and Dispatch Risk Management Seminar, Washington Cities Insurance Authority, October 23, 1996.

An Overview: Suits Against Local and State Government , Suing the Government Seminar , Washington State Bar Association, January 26, 1996.

Contribution, Indemnification & Subrogation After the Act of 1986 Washington Defense Trial Lawyers Annual Convention, August 4, 1995.

Compelled and Voluntary Disclosure, Information Disclosure Seminar, Washington Cities Insurance Authority, October 7 & 13, 1994.

Defense Motions , Insurance Defense Tactics Seminar, Washington Defense Trial Lawyers, June 1993.

Direct and Cross Examination, Opening and Closing Arguments , and Jury Selection , Office of Attorney General CLE May and November 1990.

Using Civil RICO to Attack Drug Trafficking, Washington Law Enforcement Conference July 26-28, 1989.

5 PUBLICATIONS

The Short Happy Life of Litigation Between Tortfeasors : Contribution, Indemnification and Subrogation After Washington's Tort Reform Acts ,

21 Seattle Univ. Law Rev.101 (1997) quoted with approval , Kottler v. State, 136 W.2d 437, 445-48, 963 P.2d 834 (1998); and, Geurin v. Winston Industries , 316 F.3d 879,883 (9th Cir. 2002)).

Public Policy and the Deconstruction of Stare Decisis: The Supreme Court Rethinks Qualified Immunity in Savage v. State , The Defense Press, Vol. 4, No. 5, Spring/Summer 1996.

Court Decides Legal Issues Raised by Partially Uncollectible Settlement , WSTLA Trial News, December 1995, Vol. 31, No. 4.

Where Are You Going, Where Have You Been? The Dust Settles on the Tort Reform Act of 1986 , Washington Bar News, April 1995.

The Helmet Defense: Making the Case for Personal Responsibility , Stewart A. Estes and Andrew G. Cooley, The Defense Press, Vol. 4, No. 3, Spring 1995.

Compelled and Voluntary Disclosure of Information by Public Agencies : Scylla & Charybdis Revisited, October 1994.

Guimont v. Clarke: The Wash. Supreme Court Revises the Presbytery Takings Analysis, The Defense Press, Vol. 3, No. 9, Summer 1993.

Powers v. Skagit County: The Court of Appeals Construes Lucas v. South Carolina Coastal Council , The Defense Press, Vol. 3, No. 8, Winter 1993.

Recent Developments in Government Liability Law , The Defense Press, Vol. 3, No. 7, Fall 1992.

Learn Something Through Pro Bono , S.A. Estes and M. Elliott, Washington Bar News, October 1991.

The Government and Pro Bono , Washington Bar News, November 1990.

Washington Real Property Forfeiture: An Examination of the 1989 Amendments to RCW 69.50.505. A Handbook for government attorneys and law enforcement officers. July 1989 (updated 1992, 1994, 1995, 1996, 1997 and 1998).

-6- APPELLATE APPEARANCES Published

1. Torres v. Wilkinson , 610 F.3d 546 (9 th Cir. 2010) (holding as a matter of law that police officer who shot and killed fleeing did not violate his constitutional rights regarding excessive force).

2. Fisk v. City of Kirkland, Washington Supreme Court , 164 Wn.2d 891, 194 P.3d 984 (2008) (public duty doctrine case prevents city liability for negligent maintenance of water supply system).

3. Stiefel v. City of Kent , 132 Wn. App. 523; 132 P.3d 1111 (2005) (public duty doctrine precludes fire department liability for failure of water source);

4. Green v. State of Washington , (9 th Cir. Cause no. 05-35186, 2005) (liability of workplace investigator to perpetrator of sexual harassment for his termination) (appeal withdrawn); 5. Des Moines Marina Ass’n v. City of Des Moines , 124 Wn. App. 282, 100 P.3d 310 (2004), review denied, 154 Wn.2d 1018 (2005) (authority of public marina to charge market rates for moorage, liability of municipal marina under Equal Protection clause for charging higher rates to non-city residents, associational standing);

6. Philippides v. Bernard , 151 Wn.2d 376, 88 P.3d 939 (2004) (non-financially dependent parents precluded from recovery in suit for wrongful death of adult child);

7. CJC v. Corporation of the Catholic Bishop , 138 Wn.2d 699, 985 P.2d 262 1999) (application of the statute of limitations in a childhood sexual abuse case against a third-party non-perpetrator);

8. Patrice v. Murphy , 43 F. Supp. 2d 1156 (W.D. Wash. 1999) (application of the ADA to the and interrogation of a deaf criminal suspect);

9. Patrice v. Murphy , 136 Wn.2d 845, 966 P.2d 1271 (1998) (legislative bill requirements of Wash. Const. Art. II, Section 19; and, interpreters for deaf in police investigations).

10. Welch v. Southland Corp ., 134 Wn.2d 629, 952 P.2d 162 (1998) (apportionment of fault to an intentional tortfeasor under Tort Reform);

11. Sprint Spectrum, L.P., v. City of Medina , 924 F. Supp. 1036 (W.D. Wash. 1996) (lawfulness of cell tower moratorium under new Telecommunications Act)

-7- 12. Bankruptcy Estate of Hansen v. City of Kent , 81 Wn. App. 270, 914 P.2d 127, review denied, 130 Wn.2d 1008 (1996) (res judicata and collateral estoppel in Civil Rights Act case, and for 's erroneous issuance of );

13. Brutsche v. City of Kent , 78 Wn. App. 370, 898 P.2d 319, review denied, 128 Wn.2d 1003 (1995) (statute of limitations for challenge to municipal land use decisions);

14. Samuelson v. Community College District No. 2 , 75 Wn. App. 340, 877 P.2d 734 (1994), review denied, 125 Wn.2d 1023 (1995) (discovery rule exception to statute of limitations, and duty of oversight agency to inform professors of retirement plans);

15. Oschner v. Board of Trustees of Community College Dist. No. 17 , 61 Wn. App. 772, 811 P.2d 985 (1991) (breach of educational by arbitrary & capricious assignment of failing grade);

16. Newlun v. Dept. of Retirement Systems , 53 Wn. App. 809, 770 P.2d 809, review denied, 113 Wn.2d 1014 (1989) (LEOFF Act: Jurisdiction; and, psychiatric disability for undercover narcotics detective using drugs);

UNPUBLISHED OPINIONS

Fourteen cases -- All affirmances of trial court dismissals of lawsuits, in the Washington and Ninth Circuit Courts of Appeal.

AMICUS CURIAE APPEARANCES

1. Kelley ex rel. Blackshear v. Centennial Contractors Enterprises, Inc., 147 Wn. App. 290, 194 P.3d 292, affirmed, 165 Wn.2d 1048, 208 P.3d 555 (Wash. 2009) (2010) (burden of proving feasibility of joining children’s claims with their parents underlying lawsuit).

2. Braaten v. Saberhagen Holdings and Buffalo Pumps , 165 Wn.2d 373, 198 P.3d 493 (2008)) (duty to warn of a component manufacturer);

3. Brundridge v. Fluor Federal Services, Inc. , 164 Wn.2d 432, 191 P.3d 879 (Wash. 2008) (effect of a change in the law after instructing the jury and verdict issued);

4. Ricci v. Gary Construction, Ricci v. Gary , unpublished court of appeals, Cause No. 56338-6-I, review granted, 160 Wn.2d 1001 (2007) (standard of review for evidentiary rulings on summary judgment);

-8- 5. Joyce v. State , 155 Wn.2d 306, 119 P.2d 825 (2005) (scope of duty to supervise parolee, and no duty created by agency policy manual);

6. Jane Doe v. Corporation of President of Church of Jesus Christ of Latter-Day Saints ; 122 Wn. App. 55690 P.3d 1147 (2004), review denied, 164 Wn.2d 1009 (2008) (effect of Tegman on segregation of in “duty to protect” cases);

7. Tegman v. Accidental and Medical Investigations , 150 Wn.2d 102; 75 P.3d 497 (2004) (segregating damages between negligent and feasors);

8. Johnson v. H & S Logging , Washington Court of Appeals, Division Two Cause. No. 29247-5 III (2003) (child death act -- no opinion issued);

9. Kloepfel v. Bokor , 149 Wn.2d 192, 66 P.3d 630 (2003) (discussion of the elements of the tort of outrage);

10. Hill v. BCTI Income Fund I , 144 Wn.2d 172, 23 P.3d 440 (2001) (standard for employment discrimination pretext cases);

11. Cox v. Spangler , 141 Wn.2d 431, 5 P.3d 1265 (2000) (burden of segregating “indivisible” injury in successive tort-feasor case, and collateral source rule);

12. Hiner v. Bridgestone/Firestone, Inc ., 138 Wn.2d 248, 978 P.2d 505 (1999) (application of Tort Reform Act comparative fault to Act);

13. Benjamin v. Washington State Bar Ass’n , 138 Wn.2d 506, 978 P.2d 742 1999) (implied right of action under free speech clause of Washington Constitution);

14. CJC v. Corporation of the Catholic Bishop , 88 Wn. App. 70, 943 P. 2d 1150 (1997), reversed, 138 Wn.2d 699, 985 P.2d 262 (1999)(statute of limitations in childhood sexual abuse case against third-party non-perpetrator);

15. Edgar v. City of Tacoma , 129 Wn.2d 621, 919 P.2d 1236 (1996) (right to jury trial and the 1993 amendments to the Tort Reform Act);

16. Ruff v. King County , 125 Wn.2d 697, 887 P.2d 886 (1995) (scope of County's duty to update roadways and discretionary immunity);

17. Savage v. State of Washington , 127 Wn.2d 434, 899 P.2d 1270 (1995) (qualified immunity for public employers);

18. Noakes v. City of Seattle , 77 Wn. App. 694, 895 P.2d 842, review denied, 127 Wn.2d 1021 (1995) (public duty doctrine and 911 dispatches); -9- 19. McCluskey v. Handorff-Sherman and State of Washington , 125 Wn.2d 1, 882 P.2d 157 (1994) (discretionary immunity in highway design area);

20. Anderson v. City of Seattle , 123 Wn.2d 847, 873 P.2d 489 (1994) (joint and several liability with a bankrupt defendant under Tort Reform Act of 1986).

Revised 12 October 2010

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