Wash. Court of Appeals published opinion — 850661.pdf

Citation: Wash. Court of Appeals published opinion — 850661.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/850661.pdf ↗

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evidence is introduced sufficient to support a finding that the witness has personal

knowledge of the matter.” See State v. Broussard, 25 Wn. App. 2d 781, 788-89,

525 P.3d 615 (2023) (citing State v. Vaughn, 101 Wn.2d 604, 611-12, 682 P.2d

878 (1984)). The proponent of testimony bears the burden of “laying a foundation

that the witness had an adequate opportunity to observe the facts to which he

testifies.” Vaughn, 101 Wn.2d at 611. The trial court should exclude testimony if

“no trier of fact could reasonably find that the witness had firsthand knowledge.”

Id.

At trial, Dr. Parker testified that Sgt. Hockett told him in December 2021 that

he had been experiencing breathing trouble for “some time.” At a follow-up visit in

March 2022, Dr. Parker determined the cause of Sgt. Hockett’s shortness of breath

by questioning Sgt. Hockett about his symptoms, examining an X-ray of Sgt.

Hockett’s chest, and performing a pulmonary function test. Based on the

information gathered from these sources, Dr. Parker diagnosed Sgt. Hockett with

RAD. Dr. Parker concluded that Sgt. Hockett developed RAD as a result of long-

term exposure to car exhaust while working in the West Garage.

On cross-examination, when asked whether patients typically develop RAD

due to an acute exposure event, Dr. Parker answered that the “classic example of

this would be . . . veterans who served in the most recent . . . Iraq wars with a lot

of exposure to burn pits where there were . . . persistent smoking . . . exposure.

Then they’ve come back and had sort of ongoing respiratory symptoms on a

persistent basis.” Sgt. Hockett objected during this answer, and after a sidebar the

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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 85066-1-I