Justia Washington Supreme Court Opinion Summaries

In 2007, the legislature passed, and the voters ratified, the Insurance Fair Conduct Act (IFCA), RCW 48.30.015. IFCA gave insureds a new cause of action against insurers who unreasonably deny coverage or benefits. IFCA also directed courts to grant attorney fees and authorizes courts to award triple damages if the insurer either acts unreasonably or violates certain insurance regulations. The issue this case presented for the Supreme Court's review was whether IFCA also created a new and independent private cause of action for violation of these regulations in the absence of any unreasonable denial of coverage or benefits. The Court concluded it did not and affirmed. View "Perez-Crisantos v. State Farm Fire & Cas. Co." on Justia Law

At his trial for premeditated first degree murder, petitioner Anthony Clark sought to introduce expert testimony regarding his intellectual deficits. Clark asserted this testimony would be relevant to contesting the State's mens rea evidence and to helping the jury understand Clark's affect while testifying. The trial court excluded Clark's proffered expert testimony, but it did allow relevant observation testimony about Clark's education history, Social Security disability benefits, affect, and actions on the day of the murder. The Supreme Court held that the trial court properly exercised its discretion in making its evidentiary rulings. The court did allow relevant observation testimony from lay witnesses to rebut the State's mens rea evidence, and Clark did not challenge the scope of this testimony on review. However, because Clark purposefully did not assert or plead diminished capacity and the proposed expert testimony was not relevant to any other purpose, the expert testimony was properly excluded. Clark also could not establish ineffective assistance of counsel or cumulative error, so the Court affirmed his convictions. View "Washington v. Clark" on Justia Law

This case involved a medical malpractice action for a lost chance of a better outcome. The parties jointly sought direct discretionary review under RAP 2.3(b)(4), challenging two pretrial rulings: (1) whether a court should use a "but for" or "substantial factor" standard of causation in loss of chance cases; and (2) whether evidence relating to a contributory negligence defense should be excluded based on the plaintiffs failure to follow his doctor's instructions. The trial court decided that the but for standard applies and the contributory negligence defense was not appropriate in this case. "Traditional tort causation principles guide a loss of chance case." Applying those established principles, under the circumstances here, the Supreme Court concluded a but for cause analysis was appropriate, and affirmed the trial court's ruling on that issue. The Court reverse the trial court's partial summary judgment dismissing the contributory negligence defense. The case was remanded for further proceedings. View "Dunnington v. Virginia Mason Med. Ctr." on Justia Law

Petitioner J.B. argued that his parental rights with respect to his biological child K.J.B. could not be terminated without express written findings of fact on “incarcerated parent factors” from the 2013 amendment of RCW 13.34.180(1)(f). The Supreme Court held that while explicit findings on the incarcerated parent factors were not statutorily required, consideration of the factors was mandatory. Because the trial court failed to consider the incarcerated parent factors in this case, the Supreme Court reversed and remanded the case to the trial court for consideration of the incarcerated parent factors. View "In re Parental Rights to K.J.B." on Justia Law

Virgil Becker, a retired doctor, was killed in a plane crash. His estate claimed that a faulty carburetor caused the crash. Forward Technology Industries Inc. (FTI) built a component for that carburetor. The Estate brought numerous claims against FTI, including a state product liability claim implicating a faulty carburetor component. FTI moved for summary judgment, arguing that the Federal Aviation Administration Authorization Act of 1994 preempted state law. The federal district court for the Third Circuit recently found that federal aviation regulations do not preempt the state product liability of an aviation systems manufacturer because they were “not so pervasive as to indicate congressional intent to preempt state law.” The Washington Supreme Court followed the Third Circuit and found that the Federal Aviation Act did not preempt state law, reversed the Court of Appeals which held to the contrary, and remanded this case back to the trial court for further proceedings. View "Estate of Becker v. Forward Tech. Indus., Inc." on Justia Law

Faualuga and Billie Siufanua sought custody of L.M.S., their granddaughter. The grandparents contended that placing L.M.S. with Tony Fuga, her biological father, would cause actual detriment because the father has been mostly absent from her life and because they are the only parents she has known. But absent additional circumstances, the Supreme Court could not assume that interfering with the parent-like relationship between L.M.S. and her grandparents amounted to actual detriment. Fuga has a positive relationship with L.M.S., and he was able and willing to raise her. The grandparents failed to present sufficient facts demonstrating a specific detriment that would ensue if L.M.S. was placed with Fuga. Under these circumstances, the trial court correctly denied the grandparents' nonparental custody petition for lacking adequate cause. View "In re Custody of L.M.S." on Justia Law

Reginald Bell was convicted in 2009 of possession of cocaine with intent to deliver and bail jumping. His judgment and sentence became final on direct appeal in 2012. In October 2015, Bell filed a personal restraint petition; the acting chief judge dismissed it as improperly successive. Bell then sought discretionary review from the Supreme Court. The Court's commissioner denied review, and Bell moved to modify the commissioner's ruling. He argued that, procedurally, his personal restraint petition should have been transferred to the Supreme Court rather than dismissed because his successive petition did not assert an issue that was raised and determined on the merits in a previous personal restraint petition. The Supreme Court agreed: a successive personal restraint petition that does not seek relief on the same grounds as those adjudicated in a previous petition must generally be transferred to the Supreme Court rather than be dismissed. However, there is an exception: if the Court of Appeals determines that the successive petition was time barred, then the Court of Appeals should dismiss it. In this case, however, the Court of Appeals made no such determination. Hence, it erred in dismissing Bell's petition rather than transferring it to the Supreme Court. View "In re Pers. Restraint of Bell" on Justia Law

A mother sought an emergency protection order to keep her soon-to-be ex-husband away from her and their children because, she alleged, he had abused them. The father denied the allegations and sought to cross-examine one of the daughters about her claim that he had repeatedly tried to suffocate her, among other things. Evidence was presented that the daughter was suicidal, was unable to confront her father, and would be significantly traumatized by this cross-examination. The issue this case presented was whether the father had a constitutional or statutory right to question his minor daughter in court before the protection order could be issued. Finding under the facts of this case that he did not, the Supreme Court affirmed. View "Aiken v. Aiken" on Justia Law

Gerald Cook and Francisco Entila were both employees of the Boeing Company. Early in the morning on February 18, 2010, Cook finished work and walked to his vehicle in an employee parking lot. He was driving his personal vehicle out of the lot and onto a Boeing access road. The access road is located on Boeing's property, and it is maintained by Boeing. As Entila walked across the access road, Cook struck and injured him. Entila received workers' compensation benefits for his injuries and filed suit against Cook for negligence. The issue this case presented for the Supreme Court's review centered on the scope of the immunity provisions of the Industrial Insurance Act (IIA) as applied to a third party tort action against another employee when the accident occurred after working hours, but where the injured plaintiff qualified for benefits under the act. The trial court dismissed the suit on summary judgment, holding the act applied to bar suit. The Court of Appeals reversed, holding that immunity did not apply because the alleged co-employee tortfeasor was not acting in the scope and course of employment. The court also reversed the court's consideration of an injured plaintiff's receipt of IIA benefits in determining immunity. The Supreme Court affirmed the Court of Appeals. View "Entila v. Cook" on Justia Law

Petitioner Alyne Fortgang filed a request for documents concerning the elephants at the Woodland Park Zoo (Zoo). She filed a request under the Public Records Act (PRA), which required every government "agency" to make records "available for [public] inspection and copying." Petitioner filed her request with the Woodland Park Zoo Society (WPZS), the private nonprofit that runs the Zoo. WPZS argued that the PRA did not apply to it as a private entity. The Court of Appeals interpreted the statutory word "agency" to include private entities when they act as the functional equivalent of government agencies. Under the Telford analysis, the appellate court concluded WPZS was not the functional equivalent of a government agency, and did not have to produce the records. The Supreme Court agreed and affirmed the Court of Appeals. View "Fortgang v. Woodland Park Zoo" on Justia Law