HeadsUp for Washington State: Court Opinions From Monday, March 3, 2014

HeadsUp for Washington State: Court Opinions From Monday, March 3, 2014

Monday, March 3, 2014 

To view the full text of these opinions, please visit: http://www.courts.wa.gov/opinions/index.cfm?fa=opinions.recent or Lexis subscribers may use the links below to access the cases on either lexis.com or Lexis Advance.

Division One of the Court of Appeals filed 1 new published opinion on Monday, March 3, 2014:

1. Farrow v. Alfa Laval, Inc.
No. 69917-2
(March 3, 2014)
2014 Wash. App. LEXIS 449 (lexis.com)

2014 Wash. App. LEXIS 449 (Lexis Advance)


Brief: The decedent died in 2008 as a result of contracting mesothelioma. Prior to his death, he and his wife filed a lawsuit against the defendant, among others, alleging that the decedent had contracted mesothelioma as a result of being exposed to asbestos-containing products while working at the Puget Sound Naval Shipyard (PSNS) over the span of two decades. A superintendent at the PSNS during part of the decedent’s tenure was deposed in a different lawsuit, and subsequently died before the decedent’s case could be heard. Initially, the trial court allowed the decedent to offer the superintendent’s testimony, over hearsay objection, pursuant to the “predecessor in interest” exception of ER 804(b)(1). However, after excluding the superintendent’s testimony as to several other defendants, the trial court reversed course and excluded his testimony in the decedent's case, leading to its grant of the defendant's motion for summary judgment. The Court of Appeals holds that the trial court erred in making the latter rulings. Accordingly, the Court of Appeals reverses and remands for further proceedings.

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