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MAGANA v. HYUNDAI MOTOR AMERICA

No. 80922-4.

220 P.3d 191 (2009)

Jesse MAGAÑA, Petitioner, v. HYUNDAI MOTOR AMERICA; Hyundai Motor Company, Respondents, and Ricky and Angela Smith, husband and wife, Dennis Nylander and Jane Doe Nylander, husband and wife, Defendants.

Supreme Court of Washington, En Banc.

Decided November 25, 2009.

Attorney(s) appearing for the Case

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

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

Heather K. Cavanaugh, Miller Nash, LLP, Portland, OR, Michael Barr King, Gregory Mann Miller, James Elliot Lobsenz, Carney Badley Spellman, PS, Seattle, WA, for Respondents.

Hugh Davidson Spitzer, Emanuel Jacobowitz, Foster, Pepper, PLLC, Seattle, WA, for Amicus Curiae Association of Washington Business.

Aaron V. Rocke, Rocke Law Group, PLLC, Seattle, WA, Stewart Andrew Estes, Keating Bucklin & McCormack, Seattle, WA, for Amicus Curiae Washington Defense Trial Lawyers.

SANDERS, J.

¶ 1 Trial courts need not tolerate deliberate and willful discovery abuse. Given the unique facts and circumstances of this case, we hold that the trial court appropriately diagnosed Hyundai's willful efforts to frustrate and undermine truthful pretrial discovery efforts by striking its pleadings and rendering an $8,000,000 default judgment plus reasonable attorney fees. This result appropriately compensates the other party, punishes Hyundai, and...

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