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KUHN v. SCHALL

No. 62554-3-I.

228 P.3d 828 (2010)

Jonathan KUHN, an individual; and Joan Kuhn and Dan Kuhn, husband and wife and their marital community, Respondents, v. Bill S. SCHALL, M.D., and Janet G. Schall, husband and wife and their marital community; Richmond Pediatric Clinic, Inc., P.S., a Washington professional service corporation, Appellants. Jeff Hawley, an individual; Paul Hawley, an individual; and Rich Hawley and Bev Hawley, husband and wife, Respondents, v. Bill S. Schnall, M.D., and Richmond Pediatric Clinic, Inc., P.S., a Washington professional service corporation, Appellants. Daniel Fewel, an individual; and Kathleen Fewel and Joe Fewel, husband and wife, Respondents, v. Bill S. Schall, M.D., and Janet G. Schall, husband and wife and their marital community; Richmond Pediatric Clinic, Inc., P.S., a Washington professional service corporation, Appellants.

Court of Appeals of Washington, Division 1.

April 19, 2010.

Attorney(s) appearing for the Case

Daniel W. Ferm, Mary H. Spillane, Timothy E. Allen, Bennett Bigelow & Leedon, Seattle, WA, Karen O. Kasey, Hoffman Hart & Wagner, Portland, OR, for Appellants.

Ronald Scott Bemis, Anne Melani Bremner, Peter J. Mullenix, Seattle, WA, for Respondents.

ELLINGTON, J.

¶ 1 Most of the several plaintiffs in this action were awarded some damages, albeit considerably less than they requested. The court granted a new trial on grounds of juror misconduct (material nondisclosure and injection of extrinsic evidence) and misconduct by defense counsel in closing argument. Plaintiffs were not required to show the damage awards were so inadequate as to indicate passion or prejudice in order to seek a new trial on other grounds...

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