Monday, July 14, 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 3 new published opinions and announced the publication of 1 additional opinion on Monday, July 14, 2014:
1. Garrison v. Sagepoint Fin., Inc. No. 69625-4 (July 14, 2014) 2014 Wash. App. LEXIS 1695 (lexis.com)
2014 Wash. App. LEXIS 1695 (Lexis Advance)
Areas: CRIMINAL LAW
Brief: The Court of Appeals affirms dismissal of the respondeat superior claim against the investment firm. The court reverses summary judgment dismissal on the claims against the firm for negligent supervision and violation of the Washington State Securities Act because there are material issues of fact as to whether the firm knew or should have known by October 2007 that the stockbroker was acting as an investment advisor for compensation triggering a duty under the National Association of Securities Dealers Rules to either supervise the securities transactions in the plaintiffs' brokerage accounts or to investigate and monitor the securities transactions in the accounts.
2. Ha v. Signal Elec., Inc. No. 70423-1 (July 14, 2014) 2014 Wash. App. LEXIS 1701 (lexis.com)
2014 Wash. App. LEXIS 1701 (Lexis Advance)
Areas: COURTS; PERSONAL INJURY AND INSURANCE LAW
Brief: Plaintiff sued defendant after she was hit by a drunk driver in an intersection where defendant was installing a new traffic light. Defendant was in Chapter 11 bankruptcy, so plaintiff sought and received permission to proceed. Plaintiff then asked defendant's bankruptcy attorney if he would accept service of process. The attorney agreed and executed an acceptance of service. However, the attorney sent the summons and complaint to defendant's bankruptcy financial advisor, who forwarded them to the wrong insurance company and not to defendant. When defendant failed to appear, the trial court entered an order of default and default judgment. Defendant eventually received notice and moved to vacate under CR 60(b)(5) for improper service of process and CR 60(b)(1) for mistake, inadvertence, or excusable neglect. The trial court granted the motion and vacated the default judgment. The Court of Appeals affirms based on CR 60(b)(1).
3. In re Pers. Restraint of Smalls No. 68740-9 (July 14, 2014) 2014 Wash. App. LEXIS 1690 (lexis.com)
2014 Wash. App. LEXIS 1690 (Lexis Advance)
Brief: Convicted offender collaterally attacks his 2009 convictions for assault in the second degree and murder in the second degree. He seeks to withdraw his guilty pleas to both crimes and dismissal of the assault charge. The offender's judgment and sentence shows that he was charged and convicted of assault in violation of the statute of limitations. As a result, the State concedes that the assault charge should be dismissed. The offender also contends that this facial error and a sentencing error for his murder conviction entitle him to collaterally challenge his guilty plea to murder more than one year after his judgment and sentence became final. Because he identifies no facial error relating to his murder conviction, RCW 10.73.090(1) bars this collateral challenge.
4. W. Nat'l Assurance Co. v. Shelcon Constr. Co. No. 70143-6 (filed May 5, 2014; ordered published July 10, 2014) 2014 Wash. App. LEXIS 1094 (lexis.com)
2014 Wash. App. LEXIS 1094 (Lexis Advance)
Areas: PERSONAL INJURY AND INSURANCE LAW
Brief: The defective work and operations exclusion in the general contractor's commercial general liability policy precluded coverage for the contractor's alleged defective performance in removing the settlement markers, which resulted in a reduction in value of the property.
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