Supreme Court Calendar

Washington State Courts - Supreme Court Calendar - October 28, 1997

October 28, 1997

9:00 A.M. Olympia Tuesday, October 28, 1997

Case No. 1 - 64344-0 (consol. w/ 65014-4) Counsel
Elaine Mahler and Jack Mahler
v.
George Szucs
State Mutual Automobile Insurance Co.
Richard Kilpatrick
Patrick Lepley 
Charles Wiggins
Jerry Thonn
William Hickman
Scott Wakefield
Charles Wiggins
Harold Fasso
Whether an insurance company must pay to its insureds a proportionate share of the litigation expense resulting from the insured's recovery of the company's subrogation interest.

Case No. 2 - 65131-1 Counsel
Dennis R. Johnson
v.
Weyerhauser Company, et al.
Edward St. Onge, Jr.
 
Kathryn Fewell
Whether evidence that an injured worker is receiving collateral disability benefits is admissible to show lack of motivation to work in a proceeding to determine a workers' compensation claim.


1:30 P.M.

Case No. 3 - 65141-8 Counsel
State of Washington
v.
James D. Hickman
Connie Crawley
 
Nielsen & Acosta
Whether the State is required to prove venue of crime under the doctrine of law of the case when venue was given to the jury as an element of the crime, without objection, in the "to-convict" instruction.

Case No.4 - 65157-4 Counsel
John Paul Jones, d/b/a J.P. Jones Realty
v.
Cecelia M. Best
Michael Finney
 
Blaine Gibson
Whether a listing broker who told the seller to pay him one-half an agreed commission and to pay the other half to another broker is estopped from claiming the entire commission when the seller failed to pay the second broker.


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