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L.M. BY AND THROUGH DUSSAULT v. HAMILTON

No. 95173-0.

436 P.3d 803 (2019)

L.M., a minor, BY AND THROUGH his Guardian ad Litem William L.E. DUSSAULT, Petitioner, v. Laura HAMILTON, individually and her marital community; Laura Hamilton Licensed Midwife, a Washington business, Respondents.

Supreme Court of Washington.

Filed March 21, 2019.

Attorney(s) appearing for the Case

Ron Perey , Attorney at Law, 8512 11 th Avenue NW, Seattle, WA 98117-3310, Simeon Osborn , Susan Machler Osborn Machler 2025 1st Avenue, Suite 1200 Seattle, WA 98121-3119, Carla Tachau Lawrence , Carla Tachau Lawrence Legal, Rsch & Writing, 10402 40th Avenue NE, Seattle, WA 98125-7837, for Petitioner.

Donna Maria Moniz , Karin Jeanne Mitchell , Johnson Graffe Keay Moniz & Wick LLP, 925 4th Avenue, Suite 2300, Seattle, WA 98104-1145, Kyle M. Butler , Soha & Lang P.S., 1325 4th Avenue, Suite 2000, Seattle, WA 98101-2570, Mary H. Spillane , Fain Anderson, et al, 701 5th Avenue, Suite 4750, Seattle, WA 98104-7089, for Respondents.

Daniel Edward Huntington , Richter-Wimberley PS, 422 W. Riverside Avenue, Suite 1300, Spokane, WA 99201-0305, Valerie Davis McOmie , Attorney at Law, 4549 NW Aspen Street, Camas, WA 98607-8302, for Amicus Curiae (State Association for Justice Foundation).

¶ 1 L.M. suffered a severe injury during birth and subsequently sued Laura Hamilton, the midwife who delivered him, for negligence. Hamilton prevailed at trial. L.M. now argues that the trial court erred by admitting evidence that natural forces of labor could have caused the injury and testimony from a biomechanical engineer...

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