CARROLL v. AKEBONO BRAKE CORP.

No. 82245-4-I.

514 P.3d 720 (2022)

Marjorie CARROLL, individually and as Personal Representative of the Estate of Lawrence W. Carroll, Deceased, Appellant/Cross-Respondent, v. AKEBONO BRAKE CORPORATION; Akebono Brake Industry, Ltd.; Honeywell International, Inc., individually and as successor-in-interest to Bendix Corporation; Nissan Motor Company Ltd.; Nissan North America, Inc.; Olympic Brake Supply, Respondents/Cross-Appellants, Borgwarner Morse Tec, LLC; Clifford Performance; Cooper Industries, LLC, individually and as successor-in-interest to McGraw Edison Company; Dana Companies, LLC, f/k/a/ Dana Corporation; Exedy Corporation of Japan, individually and as successor-in-interest to Daikin Clutch Corporation; Exedy Globalparts Corporation, as a wholly-owned subsidiary of the Exedy Corporation of Japan, and as successor-in-interest to Daikin Clutch Corporation; Genuine Parts Company; Hennessy Industries, Inc.; Jack Clifford Performance Products Inc.; Luk Clutch Systems LLC; Metropolitan Life Insurance Company; Six Robblees' Inc.; and Union Carbide Corporation, Defendants.

Court of Appeals of Washington, Division 1.

FILED August 1, 2022.


Attorney(s) appearing for the Case

Howard Mark Goodfriend , Catherine Wright Smith , Smith Goodfriend PS, 1619 8th Ave. N, Seattle, WA, 98109-3007, Jeffrey Paul Downer , Lee Smart PS Inc., 701 Pike St. Ste. 1800, James Minha Chong , Attorney at Law, 701 Pike St., 1800 One Convention Place, Seattle, WA, 98101, for Appellant/Cross-Respondent.

Claude F. Bosworth , Kevin Robert Clonts , Rizzo Mattingly Bosworth PC, 1300 Sw 6th Ave. Ste. 330, Portland, OR, 97201-3530, Rachel Tallon Reynolds , Lewis Brisbois Bisgaard & Smith LLP, 1111 3rd Ave. Ste. 2700, Seattle, WA, 98101-3224, George S. Pitcher , Lewis Brisbois Bisgaard & Smith LLP, 888 Sw 5th Ave. Ste. 900, Portland, OR, 97204-2023, Jose Edward Gaitan , John Earl Lenker , John Earl Lenker , The Gaitan Group PLLC, 411 University St. Ste. 1200, Seattle, WA, 98101-2519, Philip Albert Talmadge , Talmadge/Fitzpatrick, 2775 Harbor Ave. Sw, Third Floor Ste. C, Seattle, WA, 98126-2138, Andrew Chen , Perkins Coie, 1201 3rd Ave. Ste. 4900, Seattle, WA, 98101-3095, Diane Catherine Babbitt , Lane Powell, P.O. Box 91302, Seattle, WA, 98111, J Scott Wood , Sinars Slowikowski Tomaska LLC, 1000 2nd Ave. Ste. 1950, Seattle, WA, 98104-3616, for Respondent/Cross-Appellant.


PUBLISHED OPINION

¶1 Marjorie Carroll appeals from the trial court's order granting the motion filed by Nissan Motor Company Ltd. and Nissan North America, Inc. (collectively Nissan) to strike Carroll's complaint. In its motion to strike the complaint, Nissan asserted that Carroll and her counsel engaged in numerous willful...

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