Supreme Court Calendar - February 17, 2000
February 17, 2000
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9:00 A.M.
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Olympia
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Thursday, February 17, 2000
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Case No. 1 - 68070-1
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COUNSEL
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Thomas Lenzi and Diane Lenzi, individually and in their marital community,
v.
Redland Insurance Company.
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Kevin Winters
Roger Hawkes
Ronald Dinning
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SYNOPSIS: Is a UIM insurer bound by a default judgment its insured obtains against an uninsured tortfeasor when the insured notifies the insurer of the filing of the lawsuit, but does not notify the insurer of service on the tortfeasor?
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Case No. 2 - 68096-5
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COUNSEL
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Dennis Hayden; Randy Hayden; and Cosmas St. Hilaire, d/b/a Hayden Farms,
v.
Mutual of Enumclaw Insurance Company, a Washington corporation.
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J. Jay Carroll
Jeffory Adams
Ronald Unger
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SYNOPSIS: Whether WAC 284.30.380 precludes an insurer in judicial proceedings from disputing coverage on the basis of a policy provision or exclusion not cited in the insurer's initial denial letter.
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Case No. 3 - 68095-7
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COUNSEL
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State of Washington,
v.
James Allen Batten.
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James David
Anthony Lowe
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SYNOPSIS: Whether the defendant's felonious possession in his car of drugs and a gun supports revocation of his driver's license for "[a]ny felony in the commission of which a motor vehicle is used." RCW 46.20.285(4).
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Case No. 4 - 68434-1
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COUNSEL
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Ricardo Ruiz-Guzman, Martin Martinez, Miguel Farias, and Ignacia Farias,
v.
AMVAC Chemical Corporation and Wilbur-Ellis Company,
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Marcia Meade/Patti Goldman
Michael Withey/Brent Rosenthal
Paul Stritmatter
V.L. Woolston
Christopher Tompkins/Glenn Draper
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SYNOPSIS: (1) Whether, under the "risk-utility" test of the Washington Product Liability Act, a plaintiff may rely on an alternative product to show that a challenged product's risks outweigh the adverse effects of using an "alternative design."
(2) Whether a pesticide can be an "unavoidably unsafe product" as described in comment k to Restatement (Second) of Torts § 402A.
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These summaries are not formulated by the Court and are provided for the convenience of the public only.
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