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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (58)

Full Text

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¶15 Martini argues that the trial court erred when it denied his motion to reconsider the summary judgment in Post’s favor because the new evidence Martini submitted with his motion for reconsideration in addition to the evidence he previously submitted in opposition to Post’s motion for summary judgment creates an issue of fact. Post responds that even if all the evidence can properly be considered on appeal, the evidence is too speculative to support overturning the trial court’s denial of reconsideration. We hold it was manifestly unreasonable to deny *161Martini’s motion for reconsideration because the trial court had accepted evidence on reconsideration that created a genuine issue of material fact regarding the cause of Abson’s death. A. Standard of Review