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CLARK v. BAINES

No. 73287-6.

84 P.3d 245 (2004)

150 Wash.2d 905

Piety Ann CLARK, Respondent, v. Wayne A. BAINES and "Jane Doe" Baines, husband and wife, Petitioners.

Supreme Court of Washington, En Banc.

Decided February 5, 2004.

Attorney(s) appearing for the Case

Wayne Clark Fricke, Tacoma, for Petitioners.

Otto Steve Matsch, Tacoma, for Respondent.

SANDERS, J.

Following Wayne A. Baines's entry of an Alford1 plea to two counts of fourth degree assault with sexual motivation, the complaining witness, Piety Ann Clark, sued Baines for sexual battery and outrage. Baines counterclaimed for malicious prosecution of Clark's civil action. On Clark's motion for partial summary judgment, the trial court dismissed Baines's counterclaim after concluding the record of Baines's Alford...

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