WA Legal Roundup
One new opinion out of Div. I.
Plaintiff went to the court at the beginning of trial, asking that a new witness, an employee of the Defendant, be allowed to testify. In support of their offer, Plaintiffs claimed that the witness was only discovered by chance, as she was not disclosed by Defendant.
Unfortunately, an employee of Defendant had disclosed the witness several weeks prior to trial during deposition. Thus, Plaintiff's did not act with candor towards the tribunal in claiming she was only discovered by chance when they made their offer. The court affirmed sanctions on Plaintiff's counsel:
Counsel contends it was wrong to sanction her because it was the doctor's responsibility to identify his employees. But another party's omissions do not justify counsel in stating that a witness is newly discovered when counsel knows that it is not true. Finding no abuse of discretion, we affirm.