MARINE POWER v. DEPARTMENT OF TRANSP.

No. 50406-7.

102 Wn.2d 457 (1984)

687 P.2d 202

MARINE POWER & EQUIPMENT COMPANY, INC., Plaintiff, v. THE DEPARTMENT OF TRANSPORTATION, Respondent, INDUSTRIAL INDEMNITY COMPANY, Petitioner.

The Supreme Court of Washington, En Banc.

September 6, 1984.


Attorney(s) appearing for the Case

Taylor & Bryan, by Robert G. Taylor, Carroll L. Bryan II, James P. Wagner, and Mary O'Brien, for petitioner.

Kenneth O. Eikenberry, Attorney General, and William G. Boland and Spencer W. Daniels, Assistants, for respondent.


UTTER, J.

The single issue presented here is whether petitioner, a party joined late in the pretrial discovery stage of complex, multi-party litigation, had the right to move for and receive a change of judge under RCW 4.12.040 and RCW 4.12.050. We hold that petitioner was entitled to a change of judge and accordingly reverse.

In 1978, the Washington State Department of Transportation (DOT) contracted with Marine Power and Equipment Company for the construction...

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