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DIAZ v. STATE, UNIVERSITY OF WASHINGTON

No. 64363-1-I.

251 P.3d 249 (2011)

Louis Alexander DIAZ and Mona Diaz, Appellants, v. STATE of Washington, UNIVERSITY of WASHINGTON; Neal D. Futran, DMD, M.D.; and Yakima Valley Memorial Hospital Association, a Washington nonprofit corporation, Defendants, Medical Center Laboratory Inc., PS, a Washington professional services corporation; and Jayanthi Kini, M.D., Respondents.

Court of Appeals of Washington, Division 1.

March 7, 2011.

Attorney(s) appearing for the Case

Joseph Andrew Grube , Ricci Grube Breneman PLLC, Seattle, WA, for Appellants.

Daniel W. Ferm , Mary H. Spillane , Williams Kastner & Gibbs, Seattle, WA, Jeffrey Richard Street, Hodgkinson Street LLC, Portland, OR, for Respondents.

APPELWICK, J.

¶ 1 The Diazes filed this medical malpractice action alleging misdiagnosis of cancer of the larynx resulting in the unnecessary removal Mr. Diaz's larynx. The question presented is whether RCW 7.70.080 permits the introduction of evidence of, and instruction of the jury on, a settlement between the plaintiff and a codefendant who is no longer a party. We conclude it does. We affirm.

FACTS

¶ 2 Louis Diaz and his wife sued several...

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