McCOY v. KENT NURSERY, INC.

No. 41105-9-II.

260 P.3d 967 (2011)

163 Wn. App. 744

Tom P. McCOY and Kathleen A. McCoy, Respondents, v. KENT NURSERY, INC., a Washington corporation doing business in Pierce County, Steven Mauritsen and "Jane Doe" Mauritsen, husband and wife, individually, and the marital community comprised thereof; Richard Mauritsen and Phyllis Mauritsen, husband and wife, individually, and the marital community comprised thereof; Stanley Michael Fenimore and Gayla A. Fenimore, husband and wife, individually, and the marital community comprised thereof; Fir Run Nursery, LLC, a Washington corporation doing business in Pierce County, Pierce County Public Works and Utilities, a Municipal Corporation and County Government, Appellants.

Court of Appeals of Washington, Division 2.

September 13, 2011.


Attorney(s) appearing for the Case

Ronald Lamar Williams , Pierce Co. Pros. Ofc, John F. Salmon, III , Attorney at Law, Joseph Michael Diaz , Attorney at Law, Davies Pearson PC, Tacoma, WA, Albert Eugene Hammermaster , David C. Hammermaster , Attorney at Law, Sumner, WA, James Everette MacPherson , Kopta & MacPherson, Bainbridge Island, WA, for Appellants.

Sarah L. Lee , Krafchick Law Firm, David Gross , Helsell Fetterman LLP, Colette M. Kostelec , Attorney at Law, Seattle, WA, Carolyn A. Lake , Goodstein Law Group PLLC, Tacoma, WA, for Respondents.


VAN DEREN, J.

¶ 1 Kent Nursery Inc.; Steven, "Jane Doe," Richard, and Phyllis Mauritsen; Fir Run Nursery LLC; Stanley Michael and Gayla Fenimore;1 and Pierce County Public Works and Utilities appeal from the trial court's orders (1) granting plaintiffs Tom and Kathleen McCoy a new trial, following a 16 day jury trial that resulted in a unanimous defense verdict, and (2) denying the Nurseries...

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