TETER v. DECK

No. 85342-8.

274 P.3d 336 (2012)

174 Wn.2d 207

Ronald and Deborah TETER, husband and wife, Petitioners, v. Andrew DECK, M.D., Respondent.

Supreme Court of Washington, En Banc.

April 5, 2012.


Attorney(s) appearing for the Case

Peter McNaughton Vial , Barbara Himes Schuknecht , Avi Joshua Lipman , McNaul Ebel Nawrot et al., Matthew N. Menzer , Menzer Law Firm, PLLC, Seattle, WA, for Petitioner.

Mary H. Spillane , Mark Stephen Davidson , Williams Kastner & Gibbs, Nancy C. Elliott , Merrick Hofstedt & Lindsey PS, David L. Martin , Lee Smart PS Inc., Seattle, WA, for Respondent.


WIGGINS, J.

¶ 1 Before excluding a witness as a sanction for discovery violations, the trial court must make findings that the violation was willful and prejudicial and was imposed only after explicitly considering less severe sanctions. In this medical negligence case, a pretrial motions judge excluded a key medical expert witness without the required findings. A different judge presided over the jury trial, subsequently granting a new trial

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