WA Legal Roundup - Rollins v. King County Metro Edition
(Henry Lawrence Garfield, A.K.A. Henry Rollins)
Very rarely do I blog about anything less than an actual decision. However, the Washington Supreme Court denied review of Rollins v. King County Metro. Under Tegman, the Washington Supreme Court held that damages in a case be apportioned severally against the intentional and the negligent tort feasors (as opposed to jointly and severally). Some briefing has been able to get around the issue, showing the inability of Tegman to address the issue when the negligence of one party essentially led to the intentional act of another even occurring. However, the fight on that issue is always a tough one.
Under Rollins, if you only plead the negligence of one party, and don't plead the intentional misconduct of another, Tegman doesn't even come in to play, and any instruction on Tegman is in error.
Not that I'm biased towards Plaintiff's Lawyers...but SUCK IT DTLA!
("Suck it, Trebek")
Okay, maybe that was a bit rough, I have friends in DTLA, they are good people. But that doesn't make me any less happy about this order denying review! ;) But in all seriousness. This denial of review really does help people that are harmed by negligence and corrects what I've seen as an injustice in the law under Tegman.