GAUTAM v. HICKS

No. 69406-5-I.

310 P.3d 862 (2013)

177 Wn. App. 112

Sunny GAUTAM and Suman Gautam, husband and wife and their marital community, Respondents, v. Donald HICKS and Jane Doe Hicks, husband and wife and their marital community, Appellants.

Court of Appeals of Washington, Division 1.

October 7, 2013.


Attorney(s) appearing for the Case

Scott Michael Collins , Law Offices of Scott M. Collins LLC, Seattle, WA, for Appellant.

James E. Banks , Bishop Law Offices, Normandy Park, WA, for Respondent.


BECKER, J.

¶ 1 A party who appeals the award in a mandatory arbitration and fails to improve his position on trial de novo must pay the attorney fees incurred by the nonappealing party. An offer of compromise by the nonappealing party will replace the amount of the arbitrator's award for the purpose of determining whether the appealing party has improved his position. Here, the plaintiffs — a husband with a claim for personal injuries and a wife with a...

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