WINBUN v. MOORE

No. 68967-9.

18 P.3d 576 (2001)

143 Wash.2d 206

Gail WINBUN and Lee Winbun, wife and husband, and the marital community composed thereof, Petitioners, v. Jane A. MOORE, M.D. and John Doe Moore, wife and husband, and the marital community composed thereof; Carter Hill, M.D. and Jane Doe Hill, husband and wife, and the marital community composed thereof; and Highline Community Hospital, a Washington non-profit corporation, Defendants, H. Stephen Epstein and Jane Doe Epstein, husband and wife, and the marital community composed thereof, Respondents.

Supreme Court of Washington, En Banc.

Decided March 8, 2001.


Attorney(s) appearing for the Case

Wiggins Law Office, Charles Kenneth Wiggins, Kenneth Wendell Masters, Bainbridge Island, Robert B. Gould, Seattle, for petitioners.

Harbaugh & Bloom, Gary Neil Bloom, Spokane, Longfelder, Tinker & Kidman, Gregg L. Tinker, Seattle, Bryan Patrick Harnetiaux, Spokane, amicus curiae on behalf of Washington State Trial Lawyers Ass'n.

Merrick, Hofstedt & Lindsey, Thomas V. Harris, Seattle, for respondents.


IRELAND, J.

Petitioner Gail Winbun sought review of a Court of Appeals' decision reversing a jury verdict which awarded her damages for negligent medical care provided by Dr. Stephen Epstein. Finding that there is substantial evidence to sustain the jury's verdict that the cause of action was timely filed, we reverse the Court of Appeals and reinstate the trial court's judgment against Epstein.

ISSUES

This case presents the following issues:

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