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SACKETT v. SANTILLI

No. 70163-6.

47 P.3d 948 (2002)

146 Wash.2d 498

Russell and Carolyn SACKETT, Respondents, v. Thomas A. SANTILLI, Petitioner.

Supreme Court of Washington, En Banc.

Decided June 13, 2002.

Attorney(s) appearing for the Case

Leonard Flanagan, Sheila McGaughey, Bellevue, Wiggins Law Offices, Charles Wiggins, Kenneth Masters, Bainbridge, for Petitioner.

Peery, Hiscock, Pierson & Ryder, Charles Peery, David Corey, Seattle, for Respondents.

Bryan Harnetiaux, Debra Stephens, Spokane, amicus curiae on behalf of Wash. State Trial Lawyers Assoc.

IRELAND, J.

Defendant driver Thomas A. Santilli contends that CR 38(d), which provides that a party's failure to perfect demand for a jury trial in accord with CR 38(b) implies that party's consent to the waiver of the right to a jury, is unconstitutional under article I, section 21 of our state constitution. Santilli claims the constitution vests the legislature with the exclusive power to "provide for ... waiving of the jury in civil cases." Const. art. 1, §...

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