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DIAZ v. STATE

No. 86049-1.

285 P.3d 873 (2012)

Louis Alexander DIAZ and Mona Diaz, Petitioners, v. STATE of Washington, University of Washington; Neal D. Futran, DMD, M.D; Yakima Valley Memorial Hospital Association, a not-for-profit Washington corporation, Defendants, Medical Center Laboratory, Inc., P.S., a Washington professional corporation, and Jayanthi Kini, M.D., Respondents.

Supreme Court of Washington, En Banc.

Decided September 20, 2012.

Attorney(s) appearing for the Case

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

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

Bryan Patrick Harnetiaux , Attorney at Law, David P. Gardner , Winston & Cashatt, Spokane, WA, George M. Ahrend , Ahrend Albrecht PLLC, Ephrata, WA, for Amicus Curiae on behalf of Washington State Association.

WIGGINS, J.

¶ 1 In this medical malpractice case, Louis Diaz seeks a new trial because the trial court admitted evidence that he settled before trial with two of the defendants. Diaz contends that the trial court misapplied RCW 7.70.080, a medical malpractice statute, in ruling the evidence admissible. We agree, concluding that (1) RCW 7.70.080 permits only a settling health care provider, not the nonsettling defendants, to introduce evidence of the settlement...

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