section extends

Citation: section extends
Parent Document: Gerlach v. The Cove Apartments, LLC, 471 P.3d 181 (2020)
Jurisdiction: Washington (state)
Effective Date: 2020-08-27
Original Source: https://www.courtlistener.com/opinion/4780444/gerlach-v-the-cove-apartments-llc/ ↗

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         Despite Cove’s objection, the trial court told the jury that “[t]he parties stipulate
that the plaintiff, Ms. Gerlach, was under the influence of intoxicating liquor at the time
of the accident.” 1 VRP (June 22, 2017) at 2799-800. After initially agreeing to correct
that misstatement, VRP (June 27, 2017) at 2948, the trial court backtracked, saying that it
did not want to “overemphasize[ ]” Gerlach’s intoxication, 1 VRP (July 7, 2017) at 3362-
63. The court further stated that it did not “really think the jury cares” and that in any
event, “what [the jury] heard was that she admits that she was under the influence.” Id.
The majority endorses this view. Majority at 5 n.3.

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