Lian v. Stalick, 106 Wash. App. 811 (2001)

Citation: Lian v. Stalick, 106 Wash. App. 811 (2001)
Parent Document: Lian v. Stalick, 106 Wash. App. 811 (2001)
Jurisdiction: Washington (state)
Effective Date: 2001-06-19
Original Source: https://www.courtlistener.com/opinion/4931615/lian-v-stalick/ ↗

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In Dexheimer, the trial court committed reversible error by instructing the jury in a negligence action under Washington Pattern Jury Instructions: Civil 130.06, (3d ed. Supp. 1994) (WPI), the law of RCW 59.18.060. Dexheimer, 104 Wn. App. at 469-71. Here, the trial court relied on WPI 130.06 in its oral ruling when finding a breach of RCW 59.18.060. Report of Proceedings (RP) at 172. Although a bench trial, the situation is analogous to Dexheimer. Therefore, the trial court erred in awarding personal injury damages on the basis of a violation of RCW 59.18.060. While mentioning liability for tort in its oral opinion, the trial court did not grant relief under common law negligence, and did not consider contractual remedies because no contract existed here.

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