Picture of Salvador A. Mungia

Salvador A. Mungia

Partner

Primary Areas of Practice

Medical Negligence, Wrongful Death and Serious Injury Litigation, Real Property Litigation, Business Litigation, General Aviation Air Crash Litigation

Education

J.D., Georgetown University Law Center, 1984
cum laude
Administrative Editor, Law & Policy in International Business Law Review

B.A., Pacific Lutheran University, 1981
magna cum laude

Jurisdictions Admitted to Practice

Washington State Courts
U.S. District Court, Western District of Washington
U.S. District Court, Eastern District of Washington
United States Court of Appeals, Ninth Circuit
United States Supreme Court

Professional & Bar Association Memberships

Washington State Bar Association

  • President (2009-10)
  • President-Elect (2008-09)
  • Governor, Board of Governers (2005-08)
  • Member, President's Task Force - Proud to be a Lawyer (2000-01)
  • Chair, WSBA Bar Leaders Conference (1999)

American Bar Association

  • Delegate, House of Delegates (2012-present)
  • Fellows of the American Bar Foundation State co-Chair, (2013-present).
  • Executive Committee Member, National Caucus of State Bar Associations (2012-2013)
  • Member, Litigation Section
  • Member, Tort Trial & Insurance Practice Section

Federal Bar Association for the Western District of Washington

  • Member, Merit Screening Committee for Bankruptcy Judgeship Appointment, Western District of Washington (2009)
  • Member, Civil Justice Reform Act Advisory Group for the Western District of Washington (2003-05)
  • Lawyer Representative, selected by Judges of the Western District of Washington Federal District Court as a Lawyer Representative to Ninth Circuit Judicial Conference – three lawyers in the Western District chosen per year (2003–05)

Legal Aid for Washington

  • Co-chair, Campaign for Equal Justice (together with Rob McKenna, Washington State Attorney General)(2011-2012) Click Here to View Presentation
  • President (2002-03)
  • Lifetime Board Member (2005-present)
  • Board Member (1992-2000; 2004-05)

Tacoma-Pierce County Bar Association

  • President, (1999)
  • Co-chair, Judicial Evaluation Committee (2007-08)
  • Member, Editorial Board (2000-present)
  • Trustee, Young Lawyers Division (1987-89)

American Board of Trial Advocates

Asian Bar Association of Washington

GLBT Bar Association of Washington

Latina/o Bar Association of Washington

Litigation Counsel of America

Pierce County Minority Bar Association

Washington State Association for Justice

Professional History

  • 1984-1985: Judicial Clerk to Honorable Fred Dore, Washington State Supreme Court
  • 1985-1986: Judicial Clerk to Honorable Carolyn Dimmick, U.S. District Court for the Western District of Washington
  • 1986: Joined Gordon, Thomas, Honeywell, Malanca, Peterson & Daheim
  • 1991: Became Partner at Gordon, Thomas, Honeywell, Malanca, Peterson & Daheim
  • 1993-1994: Adjunct Professor at Pacific Lutheran University

Representative Cases/Transactions

  • PERSONAL INJURY
    • Van Rosendael v. Puyallup School District , Pierce County, WA. Represented parents and estate of student in wrongful death action brought as a result of failure of school district to enforce transportation policies. Case settled on third day of trial for confidential amount.
    • Marez v. Pierce County Transit , Pierce County, WA. Represented plaintiff passenger of transit system who was struck by bus that resulted in loss of limb. Case settled before trial.
    • Garcia v. Royal Oaks Apartments , Pierce County, WA. Represented plaintiff child in action against apartment complex for failing to adhere to state requirements regarding water tank temperature setting. Excessive temperature of hot water caused third degree burns over large portions of plaintiff child. Reached confidential settlement before trial.
    • Guillen v. Pierce County. In 2002, argued before the U.S. Supreme Court in case challenging, on both constitutional and statutory interpretation bases, Pierce County's application of statute withholding release of information regarding public highways.
  • MEDICAL MALPRACTICE
    • Glenn v. Estate of Becker, King County, WA. Represented plaintiff husband patient and plaintiff wife in action against orthopedic surgeon arising from prescription of Duragesic Patch for post-operative pain relief. Jury returned verdict in favor of clients.
    • Cogger v. Blakeney , Pierce County, WA. Represented plaintiff patient in action against OB/GYN arising from failure to properly repair bladder laceration after performing hysterectomy. Jury returned verdict in favor of client.
    • Harris v. Buttorff , Pierce County, WA. Represented plaintiff patient in medical negligence action against vascular surgeon arising from surgery that resulted in partial permanent paralysis of patient. Reached confidential settlement before trial.
    • Schlenker v. Dr. J. Gregg Julin , Thurston County, WA. Represented patient in medical negligence action against defendant emergency department physician that resulted in partial permanent paralysis of patient. Reached confidential settlement before trial.
    • Purcell v. Children’s Hospital , King County, WA. Represented plaintiff child patient in medical negligence action against pediatric geneticist resulting in permanent developmental injuries. Case settled before trial.
    • Sherrouse v. Fox , Pierce County, WA. Represented plaintiff patient in action against bariatric surgeon’s treatment that resulted in a month-long coma and six month hospitalization of patient.  Reached confidential settlement before trial.
    • Coleman v. Group Health , King County, WA. Represented plaintiff patient in medical negligence action resulting in misdiagnosis and mistreatment of neck fracture. Reached confidential settlement before trial.
  • REAL PROPERTY LITIGATION
    • Central Puget Sound Regional Transit Authority v Tacoma Rescue Mission, Pierce County, WA. Represented The Rescue Mission in condemnation action brought by Sound Transit. Primary issue at trial was whether presence of Sound Transit commuter trains adjacent to The Rescue Mission property caused a diminution in the fair market value of the property. Sound Transit took the position that there was no diminution and offered $5,000 to settle case. Jury awarded approximately $575,000 in compensation for the diminution in the fair market value of the property.
    • Campus Crest Development v. Campus Crest Properties , King County, WA. Represented purchaser of 22.4 acres parcel with a purchase price of $12.5 million for 114 finished lots in breach of purchase and sale agreement by seller. Reached confidential settlement before trial.
    • Trinity v. Sunrise Corporation , Pierce County, WA. Represented purchaser of twenty-acre parcel with a purchase price of $2.4 million in breach of purchase and sale agreement by seller. Prevailed at trial and client was awarded specific performance under the contract. Defendant appealed to court of appeals. Court of appeals upheld the judgment.
    • Berry v. Pierce County , Pierce County, WA. Represented two homeowners of waterfront properties where Pierce County was claiming right-of-way that allowed placement of utilities. Brought lawsuit on behalf of clients claiming inverse condemnation and sought quiet title. Settled claim by having Pierce County paying all attorney fees and quieting title in homeowners' favor.
    • Fletcher v. McGowan, Pierce County, WA. Represented defendant seller where purchaser of lot claimed breach of purchase and sale agreement, misrepresentation, and violation of Consumer Protection Act. At trial, prevailed and obtain an award of attorney fees and costs for client. On appeal, affirmed with the award of attorney fees and costs incurred on appeal.
  • GENERAL AVIATION LITIGATION
    • Evans v. West Isle Air, Inc. , Pierce County, WA. Represented defendant air carrier in wrongful death action brought by passenger’s spouse and children arising from crash of Cessna 172n. Tried case to conclusion in 2005.
    • Keen v. Textron/Lycoming , King County, WA. Represented Textron/Lycoming in defense of a 1997 air crash of a Pierre Robin HR 200/120B airplane in Scotland. Pilot’s estate brought suit alleging defect in manufacture of carburetor. Successfully moved to have case dismissed and transferred to Scotland.
    • Yoseph v. Textron/Lycoming , Mason County, WA. Represented Textron/Lycoming in defense of a 1996 air crash of a Hughes 269C helicopter. Passenger suffered significant injuries including a broken back. Plaintiff claimed that piston connecting rod was defectively designed. Reached confidential settlement prior to trial.
    • Bucko v. Textron/Lycoming , U.S. District Court, District of Montana. Represented Textron/Lycoming in defense of a 1996 air crash brought by estate of pilot. Reached confidential settlement prior to trial.
    • Miller v. Rockwell Int’l , Second Judicial Court of Nevada for the County of Washoe. Represented estate of pilot who died in 1992 in-flight breakup of a Rockwell Aero Commander 690B in Susanville, California. Issues in lawsuit involved defectively designed rudder in 690 series aircraft that allowed oscillation (flutter) leading to in-flight breakups. Reached confidential settlement prior to trial.
    • Turco v. Ameriflight and Rockman v. Ameriflight , Pierce County, WA. Represented Ameriflight, Inc., a California Corporation in defense of action brought on behalf of twenty passengers that died and two that were injured in a 1990 air crash of a de Havilland Twin Otter in Panama. Issues in lawsuit involved alleged manufacturing defect of fuel nozzles and alleged defective maintenance of fuel nozzles. Reached confidential settlement prior to trial.
  • APPELLATE REPRESENTATION
    • U.S. Supreme Court
      • Guillen v. Pierce County , U.S. Supreme Court, 537 U.S. 129 (2003). Argued case before U.S. Supreme Court on behalf of respondent in case involving federal constitutional issues under the Commerce and Spending Clauses and statutory construction of 23 U.S.C. § 409. Court found in favor of Petitioner Pierce County on the constitutional issues but in favor of our clients on the statutory construction issues.
    • 9 th Circuit Court of Appeals
      • Margolese v. Bruce , Ninth Circuit Court of Appeals, 902 F.2d 1578 (1990) (unpublished). Argued before the 9th Circuit Court of Appeals involving commercial dispute.
    • Washington State Supreme Court
      • Planet Earth Foundation v. Gulf Underwriters Ins. Co. , Washington State Supreme Court, Supreme Court Docket No. 78287-3. Argued before State Supreme Court involving insurance coverage dispute. Case settled after oral argument and before opinion was rendered. Click Here to View Presentation
      • Landmark v. City of Roy , Washington State Supreme Court, 128 Wn.2d 561 (1999). After prevailing at the trial court, the State Supreme Court reversed the trial court's judgment in favor of  client regarding obtaining water connections at a certain price from the City of Roy. Click Here to Read Court Opinion
    • Washington State Court of Appeals
      • Cogger v Blakeney, Washington State Court of Appeals , Division I (2010). Court of Appeals upheld judgment obtained in favor of plaintiff client in a medical malpractice lawsuit.
      • Soundbuilt Northwest LLC v. Thomas Price , et at, Washington State Court of Appeals, Division II (2011). Was retained to represent clients after trial court entered a $5 million judgment against them individually. Court of Appeals reversed the trial court's decision and ordered judgment be entered in favor of  clients. The Court of Appeals denied Soundbuilt's motion for reconsideration. The Washington State Supreme Court denied Soundbuilt's motion for discretionary review.

    Representative Pro Bono Cases

    • Spokane County v. Eastern Washington Management Hearing Board, Court of Appeals, Div. III. Represented Spokane neighborhood group in appeal of adverse trial court ruling involving Growth Management Act. Court of Appeals held that the trial court wrongly dismissed neighborhood group's action for failure to properly effect service. Court held that County need not address traffic impact during map amendment process but will have to consider those impacts before issuing development permits.

    • Webster v Webster, Pierce County, WA. Represented ex-wife of plaintiff in both trial court and court of appeals. Plaintiff brought claims that were previously disposed of in divorce action. Obtained dismissal of all claims in trial court. Defendant's ex-husband appealed to court of appeals, Div. II, Court of Appeals affirmed trial court. Co-counseled with Legal Voice.

    • Herrera v. Pierce County, Federal District Court for the Western District of Washington. As an ACLU cooperating attorney, one of three lead-counsel representing current and future inmates in Pierce County jail in class action lawsuit involving jail conditions. Reached settlement with Pierce County. Participated in post-settlement monitoring. Case finally dismissed in 2011.

    • Collard v. Reagan, Pierce County, WA. Represented two families defrauded by landlord who had been engaged in long-term systematic practice of keeping deposits of potential tenants but not renting to them. Both families lost deposits of under $1,000. Obtained judgment against the landlord of $105,000 and ultimately prevented landlord from engaging in future rental of housing units.

    • Halls. v. Halls, Washington Court of Appeals, Division II. Filed amicus brief on behalf of Committee for Indigent Representation and Civil Legal Equality (“CIRCLE”) urging court to find that Washington constitution requires appointed counsel in civil cases where the assistance of counsel is needed to ensure the validity of the judicial process.

    • O’Brien v. State of Washington, Pierce County, WA. As an ACLU cooperating attorney, represented individual in first amendment case involving nativity scene displayed at Western State Hospital. Prevailed at the trial court level.

    Community Activities

    • BOARDS, COMMISSIONS, TASK FORCES
      • Governor-Elect Justice Advisory Group
        • Member (2013)
      • Gates Advisory Board for the Gates Public Service Law Scholarship Program at University of Washington School of Law
        • Member (2012-present)
      • Mayor's Education Task Force (Tacoma)
        • Member (2010-2013)
      • R. Merle Palmer Minority Scholarship Foundation
        • Member, Board of Directors (2004 – 2008)
      • Lawyers’ Committee for Civil Rights Under the Law
        • Member, Board of Directors (2003-2006)
      • Grand Cinema
        • Member, Board of Directors (2002-2004)
      • American Leadership Forum
        • Fellow (2001 to present)
      • ACLU of Washington
        • Member, Board of Directors (1987-1992)
        • Cooperating attorney (1986 - present)
      • Tacoma Human Rights Commission
        • Commissioner (1990-1996)
    • YOUTH CONFERENCE PRESENTATIONS
      • Ninth Annual Youth and Justice Forum
        • Pasco, WA, Keynote speaker 10/28/11 and 11/8/10.
      • Diversity Justice Day for Youth
        • Wenatchee, WA, Keynote speaker, 3/25/11.
      • Meeker Youth Summit
        • Tacoma, WA, Keynote speaker, 1/13/11.
      • 8th Annual Tri-Cities Youth and Justice Forum
        • Pasco, WA, Keynote Speaker, 11/5/10.
      • Yakima Pre-Law Conference
        • Yakima, WA, Keynote speaker June 2010.
    • SELECTED PRESENTATIONS
    • COMMUNITY INVOLVEMENT
      • 2012 Co-Sponsor for Initiative I-502 for the legalization of marijuana in the State of Washington.
        • The initiative passed in the November 2012 election.
      • 2012 Justice Steven Gonzalez elections campaign
        • Executive Committee member

    Honors, Publications & Presentations

    • HONORS
      • 2014: Best Lawyers in America: by peer review process, named as a Best Lawyer in the field of appellate practice, civil rights law, commercial litigation, and personal injury litigation-plaintiffs.
      • 2013: Alumni Service Award- presented for outstanding service to the community by Pacific Luthern University.
      • 2013: Top 100 Litigation Lawyers in Washington State- selected by the American Society of Legal Advocates.
      • 2013: Best Lawyers in America: by peer review process named as a Best Lawyer in the fields of Appellate practice, Commercial Litigation, and Personal Injury Litigation.
      • 2011: Bradley C. Diggs Award for Outstanding Service Award - awarded to honor a community member who exemplifies service and commitment to social justice - awarded by Washington Appleseed.
      • 2011: Special Contribution to the Judiciary Award - Presented for outstanding economic contribution to making the judicial system more accessible to all, regardless of economic status - awarded by King County Washington Women Lawyers.
      • 2011: Latina/o Amicus Service Award - Given to a friend of the law school whose character, professional achievements and outstanding service to the school, especially in the area of mentoring, advocacy and support has contributed to the growth of the organization - awarded by Seattle University School of Law.
      • 2011: Best Lawyers in America: by peer-review process, named as a Best Lawyer in the field of medical malpractice.
      • 2010 to present: Top 100 Trial Lawyers:The American Trial Lawyers Association designates The Top 100 Trial Lawyers from each state. Membership is obtained through special invitation and is extended only to those attorneys who exemplify superior qualifications of leadership, reputation, influence, stature, and profile as civil plaintiff or criminal defense trial lawyers
      • Modelo de Excelencia Award -  presented to an attorney or judge who possesses a variation of the following characteristics: a history of mentoring younger attorneys; a practice of opening doors for Latinos in a variety of job settings; a record of professional excellence within their practice area; exceptional leadership that furthers issues that affect the Latino community; and a high level of ethics and respect for their role as an attorney. Presented by the Latina/o Bar Association of Washington, 2009.
      • Outstanding Service Award, Award given for Exemplary Service to the Pierce County Legal Community.  Presented by the Tacoma-Pierce County Bar Association, 2008.
      • Bertha M. Snell Award, Award given for persevering in the face of adversity in becoming an attorney or overcoming adversity in the practice of law.  Presented by the Tacoma-Pierce County Bar Association, 2008.
      • 2007 to present, Member, American Board of Trial Advocates (by invitation only).
      • 2006 to present, Fellow, Litigation Counsel of America (by invitation only).
      • 2005 to present, Fellow, American Bar Foundation (by invitation only).
      • 2004 to present, AV Rated by Martindale Hubbell -- highest available peer-rating both for legal ability and ethics.
      • Selected for inclusion in Washington Super Lawyers, 2005-06, 2008-13
    • PUBLICATIONS
      • WSBA Litigation Section "Trial News," winter, 2010-2011: "Opening Statements."
      • WSBA, Editor, Supplement to Washington Civil Procedure Deskbook, 2nd Ed., Chapter 12, Defenses and Objections.
    • CONTINUING LEGAL EDUCATION PRESENTATIONS
      • Law Seminars International, "I-502 Impacts on Business and Real Estate Transactions," Seattle, WA, "I-502 Legal and Regulatory Framework," June 14, 2013.
      • Tacoma-Pierce County Bar Association, "I-502 Marijuana Potpourri," Tacoma, WA. "Background and Overview of the Initiative," June 7, 2013.
      • "I-502 Implications for Cannibus for Washington State," Seattle, WA, "I-502 Potential Federal Ramifications: The Controlled Substance Act and the Commerce Clause," April 26, 2013. 
      • WSBA: "The Persuasive Lawyer," Seminar Host, Seattle, WA, October 19, 2012.
      • WSBA: "2012 Solo and Small Firm Conference," Panel Moderator, Ocean Shores, WA "Cocktail Law" July 20, 2012.
      • WSBA: "The Persuasive Lawyer," Seminar Host, December 16, 2011.
      • Tacoma-Pierce County Bar Association, Annual Year-End Potpourri, "Closing Arguments, Jury Instructions, and Post-Trial Motions," December 10, 2011.
      • WSBA Litigation Section:  Build Your Case, Seattle, WA., "Voir Dire," August 26, 2011.
      • WSBA Access to Justice Conference, "Frameworks and Tools for Combating Bias," moderator, June 5, 2011.
      • WSBA Bar Leaders Conference, "Bar Leadership and Public Service: Inspiration for Today's Bar Leader," June 4, 2011.
      • Tacoma-Pierce County Bar Association, "Access to the Courts," September 18, 2010, Leavenworth, WA.
      • WSBA Litigation Section: Anatomy of a Trial, Seattle, WA, "Opening Statements," August 27, 2010
      • Conference of Chief Justice and State Court Administrators, Vail, Colorado: "Partnering for Better Courts" July 27, 2010.
      • Korematsu Center for Law and Equality at Seattle University School of Law. Co-sponsored by University of Washington School of Law, and Gonzaga University School of Law. Civil Legal Representation and Access to Justice: Breaking Point or Opportunity for Change. Moderator: "Modeling Justice: Achieving Justice Through Standards." Febraruy 19, 2010.
      • The Justice for Washington Future of Freedom Conference, Seattle, WA: "Judicial Selection", January 9, 2010.
      • Law Society of British Columbia, Whistler, B.C., June 12, 2009, Benchers’ Retreat: “Washington State Bar Association’s Disciplinary System: An Overview.”
      • WSBA Access to Justice Conference, Yakima, WA, May 30, 2009, Moderator, “Pay Day Lending in Washington State.”
      • WSBA New Lawyer Education Seminar, Seattle, WA, May 20, 2009: “Being a Member of the Legal Profession: Conduct Befitting of a Professional.”
      • Clallam County Bar Association, Pt. Angeles, WA, May 1, 2009: “Lincoln and Professionalism.”
      • National Business Institute, Seattle, WA, April 22, 2009, “Litigating to Win Through Advanced Trial Advocacy: Opening Statements.”
      • Judicial Selection Coalition, “Selecting Judges in Washington – Looking Back to 2008 and Forward to 2009,” Panel member, Judicial Evaluations, November, 2008.
      • Tacoma Pierce County Bar Association Young Lawyers Division, “Judicial Skit Night,” Master of Ceremonies, November, 2008.
      • Litigation Counsel of America, Fall Conference, Napa Valley, "Opening Statements," October, 2008.
      • National Business Institute, “Litigating to Win: Effective Opening Statements," 2007.
      • Presenter, National Business Institute: "Handling Medical Negligence Claims," July 2007
      • Moderator, WSBA Litigation Section Mid-Year CLE: "Successful Litigation in a Changing Legal Landscape - the Diversity Litigation Allstars," Dialogue and Insights for Litigators on the Changing Courtroom, Lake Chelan, WA, June 2007.
      • Presenter, National Business Institute, "Litigating to Win: Effective Opening Statements," 2007.
      • Presenter, Tacoma-Pierce County Bar Association, "Ethics Panelist on Newly Adopted RPC Revisions," 2006.
      • National Business Institute, “The Art of Settlement,” 2006.
      • National Business Institute, “Insider’s Tips on How to Prove or Disprove Allegations in Medical Negligence Cases in Washington,” 2005.
      • Presenter, Washington State Trial Lawyers Association, "Winning Your Case in Discovery: Effective Use of Discovery and Depositions," 2004.
      • Presenter, Tacoma-Pierce Country Bar Association, "Effective Oral Advocacy," 2004.
      • Office of the Washington State Attorney General, “The PATRIOT Act,” 2004.
      • Presenter, Washington State Bar Association, Trial Advocacy Program: "Expert Witnesses," 2004.
      • Institute of Traffic Engineers 2003 Annual Meeting: “Guillen v. Pierce County, A look at 23 USC § 409.”
      • Washington State Bar Association, Trial Advocacy Program: “Retaining, Using, and Deposing Expert Witnesses,” 2003.
      • Tacoma-Pierce County Bar Association, “End of Year Potpourri: Civil Liberties Update,” 2003.
      • Thurston County Bar Association, “Civil Liberties in the Post 9-11 Era,” 2003.
      • Tacoma-Pierce County Bar Association, “Ethics,” 2003.
      • Washington State Bar Association, Trial Advocacy Program: “Cross-examining Expert Witnesses,” 2002.
      • Tacoma-Pierce County Bar Association, “End of Year Potpourri: Civil Liberties in the Post 9-11 Era,” 2002.
      • Tacoma-Pierce County Bar Association, “Ethics,” 2002.
      • Institute for Paralegal Education, “Medical Malpractice from Start to Finish,” 2001.
      • Washington State Bar Association, “Pretrial Preparation: The Essential Foundation for Success in the Courtroom,” 2001.
      • Tacoma-Pierce County Bar Association, “End of Year Potpourri: 2001 in Review.”
      • Washington State Bar Association, “Surviving Depositions and Discovery:  Is There a Better Way?” 1999.
      • Washington State Bar Association, “Making The Most of Your Motions Practice,” 1999.
      • Washington State Bar Association, "Best of Continuing Legal Education Seminars 1994."
      • Washington State Bar Association, "Damages Strategies in Commercial and Tort Litigation," 1993.
      • Seattle - King County Bar Association, "Evaluating a Case," 1993.
      • Pacific Lutheran University, "Washington Agriculture and Forestry Education Foundation Seminar," 1993.