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PACHECO v. AMES

No. 72554-3.

69 P.3d 324 (2003)

149 Wash.2d 431

Keith A. PACHECO, Petitioner, v. John R. AMES, D.D.S., a sole proprietor, Respondent, Thomas F. Whitfield, D.D.S., a sole proprietor, Defendant.

Supreme Court of Washington, En Banc.

Decided May 22, 2003.

Attorney(s) appearing for the Case

Keith S. Douglass & Associates, Patrick Fannin, Spokane, for Petitioner.

Lawrence & Versnel, John Versnel, James Owen, Jr., Seattle, for Respondent.

Preston Thorgrimson et al., Martha Raymond, Shipla Bhatia, Seattle, Amicus Curiae on Behalf of Wa. Defense Trial Lawyers.

ALEXANDER, C.J.

A Spokane County Superior Court jury awarded Keith Pacheco damages for an injury he sustained while he was undergoing oral surgery performed by Dr. John Ames, D.D.S. The Court of Appeals reversed the judgment that was based on the jury verdict, concluding that the trial court improperly instructed the jury on the doctrine of res ipsa loquitur. Pacheco challenges that decision, asserting that he (1) satisfied the elements of the res ipsa loquitur doctrine...

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