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GREENWOOD v. MONNASTES

No. 66628-2-I.

283 P.3d 603 (2012)

Charles GREENWOOD, Appellant, v. Mary Ann MONNASTES, Respondent.

Court of Appeals of Washington, Division 1.

August 20, 2012.

Attorney(s) appearing for the Case

Marilee C. Erickson , Michael N. Budelsky , Reed McClure , Seattle, WA, for Appellant.

Thomas H. Fryer , Resick Hansen & Fryer, Bellingham, WA, for Respondent.

SPEARMAN, A.C.J.

¶ 1 In determining whether a party appealing an arbitration award has improved his or her position at a trial de novo, a trial court is to compare the compensatory damages awarded at trial with the compensatory damages awarded by the arbitrator or, as is the case here, with the nonappealing party's offer of compromise. To the extent the nonappealing party seeks to replace the arbitrator's award of compensatory damages with an offer of compromise...

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