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CLARK v. TENG

No. 73125-4-I.

380 P.3d 73 (2016)

Thomas CLARK and Alyson Clark, husband and wife, and the marital community composed thereof, Respondents, v. Andelle TENG, M.D., and Cascade Surgery Associates, PLLC d/b/a Cascade Orthopaedics, Appellants.

Court of Appeals of Washington, Division 1.

ORDERED PUBLISHED August 26, 2016.

Attorney(s) appearing for the Case

Steven Frederick Fitzer , Bertha Baranko Fitzer , Fitzer, Leighton & Fitzer, P.S., 1102 Broadway, Ste. 401, Tacoma, WA, 98402-3526, Jeffrey Iver Tilden , Gordon Tilden Thomas & Cordell LLP, 1001 4th Ave., Ste. 4000, Seattle, WA, 98154-1007, for Appellants.

Mallory Colleen Allen , Michael Simon Wampold , Leonard J. Feldman , Peterson Wampold Rosato Luna Knopp, 1501 4th Ave., Ste. 2800, Seattle, WA, 98101-3677, for Respondents.

¶1 When reviewing an order granting a new trial, we give great deference to trial court findings of misconduct but also focus on the trial court's specific reasons for the new trial. The order granting a new trial in this medical malpractice lawsuit heavily relies on inaccurate facts. The trial court also ignored its ruling expressly...

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