Martini v. Post, 178 Wash. App. 153 (2013)

Citation: Martini v. Post, 178 Wash. App. 153 (2013)
Parent Document: Martini v. Post, 178 Wash. App. 153 (2013)
Jurisdiction: Washington (state)
Effective Date: 2013-11-26
Original Source: https://www.courtlistener.com/opinion/4954189/martini-v-post/ ↗

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¶14 During oral argument on the motion for reconsideration, Martini’s attorney handed the court a photograph of the window in the northeast bedroom that showed evidence of a mark on the wall next to the window, which Martini contends is Abson’s handprint. Post objected to the introduction of the photograph; however, the trial court allowed it. In a letter to counsel, the trial court noted that it reviewed the photograph of the window and Dr. Kiesel’s declaration and stated that it was going to deny Martini’s motion for reconsideration. However, in the actual order denying the motion for reconsideration, the trial court listed Dr. Kiesel’s declaration as a document reviewed but not the photograph. Martini timely appeals. ANALYSIS I. Proximate Cause

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