NIELSON v. SPANAWAY GENERAL MEDICAL CLINIC

No. 65246-5.

956 P.2d 312 (1998)

135 Wash.2d 255

Christina NIELSON, By and Through her Guardian ad Litem, Bradley NIELSON and Stacey Nielson, husband and wife, Appellants, v. SPANAWAY GENERAL MEDICAL CLINIC, INC., a Corporation; General Medical Clinics; and Karel Pokorny, M.D. and Jane Doe Pokorny, his wife, Respondents.

Supreme Court of Washington, En Banc.

Decided May 28, 1998.


Attorney(s) appearing for the Case

Lopez & Fantel, Carl Lopez, Seattle, for Appellants.

Law Office of Stephen L. Henley, Stephen L. Henley, Seattle, for Respondents.


GUY, Justice.

In this case we consider whether a plaintiff who is awarded a judgment for damages in a medical malpractice action in federal court has a state constitutional right to have a jury redetermine the damage issue in a subsequent action in state court, based on the same injuries, against a second defendant.

FACTS

On the evening of July 28, 1989, when Christina Nielson was 7 days old, her mother...

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