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ESCUDE v. KING COUNTY PUBLIC HOSP.

Nos. 48913-5-I, 49934-3-I, 49935-1-I.

69 P.3d 895 (2003)

Maria Teresa ESCUDE, by her natural parent and guardian, John ESCUDE; John Escude and Maria Laura Escude, individually and as the parents of Maria Teresa Escude, Appellants, v. KING COUNTY PUBLIC HOSPITAL DISTRICT NO. 2, d/b/a Evergreen Hospital Medical Center; Susan E. Rutherford, M.D.; Roberta H. deRegt, M.D.; Eastside Maternal Fetal Medicine Associates, P.L.L.C., a professional limited liability corporation; Joseph E. Turner, M.D., Respondents, S. Theresa Tsang, M.D.; Evergreen Obstetrics & Gynecology, a registered trade name under the corporation Wayne L. Hill, M.D., P.S., a Washington corporation; and John Does 1-11, Defendants. Don O. Fleming, Appellant, v. Lease Crutcher Lewis; and Hart Crowser, Inc., Respondents. Kenneth Anderson, Appellant, v. Lease Crutcher Lewis; and Hart Crowser, Inc., Respondents.

Court of Appeals of Washington, Division 1.

June 2, 2003.

Attorney(s) appearing for the Case

Carl A. Taylor Lopez, Lopez & Fantel, Seattle, WA, for Appellants in Case No. 48913-5.

Mary K. McIntyre, McIntyre & Barns PLLC, Seattle, WA, for Respondents.

John Coleman Graffe, Melissa Ann McDougall, Attorney at Law, Seattle, WA, for Turner.

Mary Ruth Mann, Seattle, WA, for Appellants in Case Nos. 49934-3 & 49935-1.

Mark Richard Busto, Geoffrey McLeod Boodell, Sebris Busto PS, Bellevue, WA, for Respondent Lease Crutcher Lewis.

Beth Marie Andrus, Seattle, WA, for Hart Crowser, Inc.

GROSSE, J.

A trial court's discretion under CR 41(a)(4) to order dismissal with prejudice should only be exercised in limited circumstances where dismissal without prejudice would be pointless. That was the case in the three cases here. In each case, the trial court dismissed a number of claims with prejudice after a plaintiff moved for a voluntary dismissal pursuant to CR 41(a)(1)(B). Therefore, these three cases are...

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