HYUNDAI MOTOR AMERICA v. MAGANA

No. 34630-3-II.

170 P.3d 1165 (2007)

HYUNDAI MOTOR AMERICA; Hyundai Motor Company, Ricky and Angela Smith, husband and wife; and Dennis Nylander and Jane Doe Nylander, husband and wife, Appellants, v. Jesse MAGANA, Respondent.

Court of Appeals of Washington, Division 2.

October 30, 2007.


Attorney(s) appearing for the Case

Heather K. Cavanaugh, Miller Nash LLP, Portland, OR, Michael Barr King, Talmadge Law Group PLLC, Tukwila, WA, for Appellants.

Paul W. Whelan, Stritmatter Kessler Whelan Coluccio, Seattle, WA, Peter O'neil, Attorney at Law, Seattle, WA, Derek Jay Vanderwood, Attorney at Law, Vancouver, WA, Alisa R. Brodkowitz, Brodkowitz Law, Seattle, WA, Charles Kenneth Wiggins, Kenneth Wendell Masters, Wiggins & Masters PLLC, Bainbridge Island, WA, Michael E. Withey, Law Offices of Michael Withey, Seattle, WA, for Respondent.

Douglas Fredrick Foley, Foley & Buxman PLLC, Vancouver, WA, for Defendant.


VAN DEREN, A.C.J.

¶ 1 Hyundai Motor Company and Hyundai Motor America (collectively, "Hyundai") appeal the trial court's default order of liability on Jesse Magana's personal injury claim due to Hyundai's willful discovery violations. It argues that the trial court erred (1) in finding that it willfully violated discovery orders, (2) by failing to consider lesser sanctions, and (3) by not requiring evidence of prejudice warranting the default sanction. It also...

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