UNPUBLISHED OPINION TRICKEY , A.C.J. Robert Raethke appeals his conviction of second degree assault committed with sexual motivation and his sentence to life without the possibility of parole under the Persistent Offender Accountability Act (POAA) of the Sentencing Reform Act of 1981, chapter 9.94A RCW. Raethke argues that the trial court erred in instructing the jury on the "abiding belief" definition of proof beyond a reasonable doubt. He next contends that the trial court violated his...
UNPUBLISHED OPINION LEE , J. Arthur West appeals the superior court's dismissal of his October 2009 lawsuit against the Port of Tacoma for alleged Public Records Act (PRA) violations from an August 2009 PRA request. The superior court dismissed the suit pursuant to our holding in Hobbs v. State, 183 Wn.App. 925, 335 P.3d 1004 (2014). West argues that the superior court erred in (1) dismissing his suit against the Port of Tacoma, (2) vacating its order granting West's motion for a show...
UNPUBLISHED OPINION LAWRENCE-BERREY , J. John Edwards and Lori Edwards appeal from a defense judgment following a jury trial. They assert they are entitled to a new trial based on various trial court errors. We agree that the trial court erred when it instructed the jury on implied assumption of risk and when it dismissed the Edwardses' general negligence claim. We therefore reverse the judgment and remand for a new trial. FACTS In December 2010, Mr. Edwards bought an all-terrain...
PUBLISHED OPINION Schindler , J. 1 In 2012, Washington voters approved Initiative Measure 502. LAWS OF 2013, ch. 3, codified as part of chapter 69.50 RCW. Initiative 502 legalizes the possession and sale of marijuana and creates a system for the distribution and sale of recreational marijuana. Under RCW 69.50.325(3)(a), a retail marijuana license shall be issued only in the name of the applicant. No retail marijuana license shall be issued to a limited liability corporation unless all...
UNPUBLISHED OPINION TRICKEY , A.C.J. Andrea Erickson filed a medical negligence claim against PeaceHealth d/b/a PeaceHealth Medical Group, Dr. James Holstine, and James D. Holstine D.O., PLLC (collectively, PeaceHealth). The trial court denied Erickson's motion for summary judgment and motion to strike an untimely expert's declaration. The jury found that Dr. Holstine was not negligent. Erickson appeals various evidentiary decisions of the trial court and its denial of her motions for...
UNPUBLISHED COX , J. The King County Superior Court transferred Edward Hills's CrR 7.8(c)(2) motion to this court for consideration as a personal restraint petition. Hills fails in his burden to show that the United States Supreme Court's opinion in Missouri v. McNeely should apply retroactively to his November 2007 convictions. 1 Accordingly, we dismiss this petition. Hills is currently incarcerated based on the November 2007 convictions for vehicular homicide and vehicular assault....
UNPUBLISHED OPINION PENNELL , J. Richard Eggleston submitted several public records requests to Asotin County related to work on the Ten Mile Creek Bridge Project (the Project). After failing to receive copies of three specific documents, Mr. Eggleston filed a lawsuit against the County alleging violations of the Public Records Act (PRA), chapter 42.56 RCW. Mr. Eggleston's claims as to the first document were dismissed through summary judgment. He later prevailed at a bench trial as to...
PUBLISHED OPINION Becker , J. 1 Escalator owners and operators are common carriers who owe their passengers a nondelegable duty to act with the highest degree of care. When an escalator malfunctions due to negligent maintenance and causes personal injury, the owner and operator cannot escape liability on the theory that they lacked notice of the problem. They are vicariously liable for the negligence of the independent contractor hired to maintain the escalator. The trial court erred by...
UNPUBLISHED OPINION PENNELL , J. Days before his 2015 death in the intensive care unit of the hospital, Dennis Ottmar executed a will leaving his estate to his wife, Elizabeth. 1 The 2015 will differed significantly from one that had been executed in 2005. The 2005 will had divided Dennis's estate between Elizabeth and Dennis's son, Thomas. After Elizabeth submitted the 2015 will for probate, Thomas filed a will contest. A trial was held and the superior court judge invalidated the 2015...
UNPUBLISHED OPINION MANN , J. After Rosalind Romano fell behind on her condominium association maintenance fees, the Seawind Homeowners Association (Seawind) exercised its right to seek judicial foreclosure of Romano's condominium. Seawind purchased Romano's condominium at a sheriff's sale for a credit bid of $25,926.97 and filed a satisfaction of its judgment. Household Finance Corporation, III, (HFC), which held a promissory note and deed of trust on Romano's condominium, then exercised...
UNPUBLISHED OPINION DWYER , J. David Pedersen filed this personal restraint petition (PRP) claiming that the Department of Corrections (DOC) subjected him to unconstitutional conditions of confinement. His claims stem from his incarceration in high-security, intensive management units as well as from his later incarceration in the general prison population. We conclude that several of Pedersen's claims are moot and that his remaining claims either fail on the merits or cannot be...
UNPUBLISHED OPINION BJORGEN , C.J. In a series of appeals, Ted Spice appeals from the superior court's (1) grant of summary judgment to the city of Puyallup (City) on his claims against it relating to the provision of water service, (2) imposition of CR 11 sanctions against his attorney, and (3) award of reasonable attorney fees and costs to the City. We hold that the superior court properly granted summary judgment to the City, did not abuse its discretion by imposing CR 11 sanctions...
UNPUBLISHED OPINION TRICKEY , A.C.J. J.J. pleaded guilty to unlawful possession of a firearm in the second degree as a juvenile offender. The trial court entered a disposition that included a 10-day term of detention. J.J. appeals, arguing that the trial court erred because the sentencing statute it relied on now requires a prior involuntary commitment for mental health treatment for the 10-day term of detention to apply. Because the unambiguous language of the relevant statutes do not...
UNPUBLISHED OPINION DAVID MANN , J. Debra Talley and Amy Lawson sued Lanphere Enterprises of Washington, Inc., d/b/a Renton Honda (Renton Honda) for negligence. Renton Honda admitted that it was negligent but it disputed that its negligence caused Talley and Lawson's injuries. The jury agreed with Renton Honda and found no proximate cause. Talley and Lawson moved the court for a new trial under CR 59(a) because the jury failed to award damages. The court denied their motions. They...
UNPUBLISHED OPINION VERELLEN , C.J. Robert Lunden was co-guardian for his wife, Gloria Lunden. 1 Theresa Murphy, Gloria's daughter, sought to remove Robert as co-guardian and moved for a vulnerable adult protection order (VAPO). In the VAPO proceeding, the commissioner disclosed that he had consulted with the guardianship judge about the procedural status of both cases and referred the determination of attorney fees and costs to the judge. Because Murphy did not object to the...
UNPUBLISHED OPINION VERELLEN , C.J. Tina Johnson was convicted of first degree arson. At sentencing, the court notified her in writing that she was ineligible to possess firearms and that she must immediately surrender any concealed pistol license. The court did not notify her orally that she must immediately surrender any concealed pistol license. The record does not reveal whether Johnson possessed a concealed pistol license. Because the technical violation of RCW 9.41.047(1) in this...
UNPUBLISHED OPINION TRICKEY , A.C.J. Edmond Cummings pleaded guilty to assault in the third degree. In his plea agreement, Cummings agreed to "pay restitution in full." 1 The State requested restitution in the amount of $12,195.80 to the victim for medical expenses. The trial court found that Cummings had caused the injuries requiring medical attention by a preponderance of the evidence and granted the State's request for restitution. Cummings appeals, arguing that the restitution is...
PART PUBLISHED OPINION MAXA , J. 1 The State of Washington appeals the CR 12(b)(6) dismissal of its regulatory enforcement action against the Evergreen Freedom Foundation (the Foundation). The State filed suit after learning from a citizen complaint that the Foundation had provided pro bono legal services in support of local initiatives in Sequim, Chelan, and Shelton without reporting the value of those services to the Public Disclosure Commission (PDC). 2 RCW 42.17A.255(2) requires...
UNPUBLISHED COX , J. Tommie Lewis appeals his judgment and sentence for two counts of domestic violence felony violation of a court order. Lewis contends that his Sixth Amendment right to confrontation was violated by the admission into evidence of two hearsay statements of identification. Because admission of these statements was harmless beyond a reasonable doubt, we affirm. Lewis and Wendy Hynd were involved in a romantic relationship and have one child. In April 2014, Lewis was...
UNPUBLISHED OPINION VERELLEN , C.J. A jury convicted Michael Bienhoff of murder in the first degree. He appeals the trial court's order imposing restitution for the victim's burial and funeral costs. Because readily ascertainable burial and funeral costs were causally connected to his crime, the court had authority under RCW 9.94A.753(5) to order Bienhoff to pay the funeral costs as restitution. He cannot escape liability for restitution merely because the costs did not also qualify for...
