OWENS , J. 1 Donald Martin was killed by a machine at a paper plant. His wife, Nina Martin, tried to sue the company that installed the machine, but that company no longer existed. It was difficult for Martin to discern which company was now responsible for the installation company's liability because the merger and acquisition history of the installation company was particularly complicated. Because of that complicated history, Martin sued the incorrect company and did not realize who...
STEPHENS , J. 1 Petitioners William Ralph and William Forth et al. (Forth) appeal the dismissal of their separate actions against the State of Washington Department of Natural Resources, Weyerhaeuser Company, and Green Diamond Resource Company (collectively DNR). Their suits, filed in King County Superior Court, seek monetary damages for the flooding of real property located in Lewis County. At issue is the distinction between venue and jurisdiction, in the context of a statute...
MADSEN , C.J. 1 The arresting trooper in this DUI (driving under the influence) trial testified that he had "no doubt" that the defendant was impaired based solely on a horizontal gaze nystagmus (HGN) test. We hold that the testimony was an improper opinion on guilt and affirm the Court of Appeals. FACTS 2 Washington State Patrol Trooper Chris Stone saw a truck, driven by Ryan Quaale, speed by in a 25-mile per hour zone on a residential street. Trooper Stone's radar captured Quaale's...
FAIRHURST , J. 1 Many Washington counties have established drug courts designed to address and treat the underlying drug-related problems of certain adult criminal defendants. Most, but not all, adult drug courts hold closed meetings, usually called staffings, where the drug court judge, attorneys, and treatment professionals meet to discuss each drug court participant's progress. Following staffings, the drug court judge holds review hearings in open court, recounts the issues discussed...
GONZ LEZ , J. 1 Lawsuits must be initiated within the relevant statute of limitations. Generally, plaintiffs need to timely serve only one defendant to toll the statute of limitations on their claims. Today, we are asked whether service of process on one defendant tolls the statute of limitations as to an unserved and unnamed defendant that the plaintiff identified with a placeholder such as "John Doe." We find that service of process on one defendant tolls the statute of limitations...
GONZ LEZ , J. 1 This case asks us to examine the nature of a nuisance per se claim. Generally, those alleging that their neighbors' activities are a nuisance must prove that the activities are, on balance, unreasonable and cause some inconvenience, discomfort, or interference. When, however, an activity is a nuisance per se, plaintiffs need not show that the activity is also unreasonable. Here, the plaintiffs sued their neighbors, arguing, among other things, that the noise, smoke, fumes,...
MADSEN , C.J. 1 The primary issue in this medical malpractice case is whether the trial court properly granted the defendant hospital's postverdict motion for judgment as a matter of law. Here, the plaintiff patient presented expert testimony establishing that following the patient's lengthy heart surgery, the surgeons in charge of the patient's postoperative recovery failed to meet their standard of care, which required appropriately monitoring the patient for compartment syndrome, a...
C. JOHNSON , J. 1 Petitioner Ronald Speight filed a timely personal restraint petition, claiming for the first time on collateral review that his right to a public trial under article I, section 22 of the Washington State Constitution, was violated when the trial court decided motions in limine and individually questioned potential jurors in chambers. 1 While Speight's public trial right claim has merit, his petition must be denied. Consistent with our holding in In re Personal...
GONZ LEZ , J. 1 Our Public Records Act (PRA), chapter 42.56 RCW, provides attorney fees to those who must resort to the courts to vindicate either their right to inspect public records or their right to receive a response to a records request. An agency violates a requestor's right to receive a response when it withholds or redacts public records without articulating a specific applicable exemption and providing a "brief explanation of how the exemption applies to the record withheld."...
WIGGINS , J. 1 In this consolidated case, petitioners brought an untimely challenge to San Juan County's issuance of a garage-addition building permit. Petitioners did not receive notice of the permit application and grant until the administrative appeals period had expired. Thus, petitioners claim that our court's interpretation of the Land Use Petition Act (LUPA), chapter 36.70C RCW, required them to do the impossible: to appeal a decision without actual or constructive notice of it....
GONZ LEZ, J. 1 We are asked whether property developers' representations about a property anchoring a development may impose an equitable servitude on that property. We find that such representations may impose a servitude if, among other things, they are made by someone with the authority to burden the property. We are also asked whether the Riverview Community Group has the authority to pursue equitable relief based on the developers' representations to its members. We find that it does....
FAIRHURST, J. 1 Winnie Lyons brought suit against Northwest Trustee Services Inc. (NWTS) based on its conduct as the trustee during foreclosure. Lyons alleged violations of the deed of trust act (DTA), chapter 61.24 RCW; violations of the Consumer Protection Act (CPA), chapter 19.86 RCW; and the intentional infliction of emotional distress. First, this case asks whether a plaintiff can even bring a cause of action for damages under the DTA or the CPA in the absence of an actual sale of the...
STEPHENS, J. 1 This case asks us to reconsider whether it violates due process to assign a defendant the burden of proving consent as a defense to a charge of rape by forcible compulsion. We held in State v. Camara, 113 Wn.2d 631 , 639-40, 781 P.2d 483 (1989), and reaffirmed in State v. Gregory, 158 Wn.2d 759 , 801-04, 147 P.3d 1201 (2006), that notwithstanding the "conceptual overlap" between consent and forcible compulsion, the defendant may be tasked with proving consent by a...
PER CURIAM. 1 Ronald and Kathleen Steinmann defaulted on a home loan secured by a deed of trust and failed to cure the default. The trustee ultimately sold the Steinmanns' Clark County home at a trustee's sale to the highest bidder, Federal National Mortgage Association (Fannie Mae). Having thus obtained title to the property, Fannie Mae sent the Steinmanns a 20-day notice to vacate. When the Steinmanns refused to leave, Fannie Mae filed a complaint for unlawful detainer. See RCW 59.12.032;...
WIGGINS , J. 1 We must decide in this case whether a portion of the wages paid to plaintiff Shaun LaCoursiere was rebated to his employer or its agent in violation of Washington's wage rebate act, chapter 49.52 RCW. 1 LaCoursiere's employer, CamWest Development Inc. (CamWest), paid LaCoursiere three discretionary bonuses during the course of his employment. Pursuant to his employment agreement, a portion of LaCoursiere's bonus money was directly invested in a related company, CamWest...
C. JOHNSON, J. 1 This case concerns whether an attorney can stipulate to an element of a charged crime over his client's express objection and whether, in this case, any error was waived by the defendant. In addition, we must decide whether defense counsel's failure to request a limiting instruction constituted ineffective assistance of counsel. The Court of Appeals, in a two to one opinion, affirmed the defendant's convictions for assault in the second degree with a firearm enhancement and...
WIGGINS, J. 1 Today's controversy arises from the enactment of two laws: the neurodevelopmental therapies mandate, RCW 48.44.450, and the mental health parity act, RCW 48.44.341. In 1989, the Washington Legislature mandated coverage for neurodevelopmental therapies (neurodevelopmental therapies or NDT) (speech, occupational, and physical therapy) in employer-sponsored group plans for children under age seven (the neurodevelopmental therapies mandate or NDT mandate). RCW 48.44.450. In 2005,...
YU, J. 1 This case asks whether Washington's long-arm statute, RCW 4.28.185, confers personal jurisdiction over an officer of a foreign corporation that employs a Washington resident. On the facts before us, we conclude it does for wage claims arising from that employment relationship and reverse the Court of Appeals. FACTS AND PROCEDURAL HISTORY 2 In 2009, Kristine Failla, a Washington resident and experienced salesperson, was looking for a job she could perform from her Gig Harbor home....
WIGGINS, J. 1 In 2013, the legislature amended the Estate and Transfer Tax Act, chapter 83.100 RCW, in response to our decision in In re Estate of Bracken, 175 Wn.2d 549 , 290 P.3d 99 (2012), in which we narrowly construed the term "transfer." The amendment allows the Department of Revenue (DOR) to tax qualified terminable interest property (QTIP) as part of a surviving spouse's estate. A QTIP trust is created by a deceased spouse and gives the surviving spouse a life interest in the...
GONZ LEZ, J. 1 Kenneth Slert has been tried and convicted three times for the murder of John Benson. His first two convictions were reversed. In his third trial, prospective jurors were given a questionnaire designed to determine if any of them had heard about the two prior trials. We are asked today to decide whether a pre-voir-dire in-chambers discussion of their answers and the dismissal of four prospective jurors for outside knowledge of the case violated the open public trials...
