YOON v. KEELING

No. 22229-9-II.

956 P.2d 1116 (1998)

Paul YOON, a single man, Plaintiff, v. Henry M. KEELING Jr. and Jane Doe Keeling, husband and wife, and the marital community comprised thereof, Respondents, and Honey K. Fernau, a single woman, Appellant.

Court of Appeals of Washington, Division 2.

June 5, 1998.


Attorney(s) appearing for the Case

Max Gregory Nicolai, William Robert Hickman, Pamela A. Okano, Reed McClure, Seattle, for Appellant.

Daniel R. Kyler, Rush Hannula Harkins & Kyler, Tacoma, for Respondents.


SEINFELD, Judge.

Honey Fernau appeals a trial court order requiring her to pay attorney fees to co-defendant Henry Keeling. She contends that she improved her position at the trial de novo and, thus, is not liable for fees pursuant to MAR 7.3. But the jury held Fernau responsible for a greater percentage of fault than did the arbitrator in his award. We hold that, notwith-standing an intervening settlement with the plaintiff...

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