16
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Crossroads Management, LLC v. Ridgway et al., No. 101329-9
for summary judgment where the appellant failed to first request a trial de novo. 81
Wn. App. 98, 912 P.2d 1088 (1996). In that case, Selland moved for summary
judgment dismissal of the Cooks’ negligence action against it and the trial court
denied the motion, leaving all issues to be decided at arbitration. Id. at 99-100. The
Cooks prevailed at arbitration, and Selland did not seek a trial de novo. Instead,
Selland sought appellate review of both the arbitration award and the trial court’s
order denying its motion for summary judgment. Id. The Court of Appeals
dismissed the appeal as improper, concluding that “the correct avenue for review of
an adverse arbitration award is trial de novo. The superior court sitting in its
appellate capacity can then review both the question of Selland’s duty and its liability
to the Cooks.” Id. at 102.
Several years after Cook, Division Two distinguished this holding and
permitted a party to appeal an order granting a motion for partial summary judgment
despite the party’s failure to request a trial de novo. Zimmerman v. W8Less Prods.,
LLC, 160 Wn. App. 678, 690-93, 248 P.3d 601 (2011). In that case, Zimmerman
sued W8Less Products and two members of the company for failure to pay wages
and for “willful withholding of wages under chapter 49.52 RCW.” Id. at 687.
Zimmerman moved for partial summary judgment, requesting a ruling that all
defendants were liable on both claims. Id. The trial court granted the motion and,
17
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Crossroads Management, LLC v. Ridgway et al., No. 101329-9