Adam A. Chukri v. Jason Stalfort And Jane Doe Stalfort
75590-1
| Wash. Ct. App. | Oct 16, 2017Background
- In 2013 a motor vehicle collision occurred between Chukri and Stalfort; both claimed fault and injuries.
- Stalfort sued Chukri in January 2015 for damages from the same incident; defense counsel represented Chukri’s defense.
- Chukri received a settlement in the first suit; he did not assert any counterclaims at that time.
- Approximately eight months later, Chukri retained new counsel and filed a personal injury suit against Stalfort for the same collision.
- Stalfort moved to dismiss under CR 12(b)(6) arguing Chukri’s claim was a compulsory counterclaim under CR 13(a).
- Trial court dismissed, ruling Chukri’s claim could and should have been asserted in the prior action; on appeal the dismissal was affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is Chukri's claim a compulsory counterclaim under CR 13(a)? | Chukri asserts control by insurer bar; not a counterclaim. | Chukri's claim arises from same transaction; CR 13(a) requires it in prior suit. | Yes; claim is a compulsory counterclaim barred |
| Do exceptions to CR 13(a) apply here? | Exceptions apply due to insurer control. | No applicable exception; ready for adjudication earlier. | No exception applies |
| Does RCW 46.29.490 shield Chukri from the compulsory counterclaim rule? | Insurance control could permit separate suit under statute. | Statute does not permit bypassing CR 13(a). | Statute does not permit avoiding CR 13(a) |
| Was the trial court correct to dismiss for failure to plead a compulsory counterclaim? | Argues dismissal was improper due to control by insurer. | Dismissal proper to prevent multiplicity of actions. | Dismissal affirmed |
Key Cases Cited
- Schoeman v. N.Y. Life Ins. Co., 106 Wn.2d 855 (1986) (broadly defines transaction/occurrence and related counterclaims)
- Chee Chew v. Lord, 143 Wn. App. 807 (2008) (indemnification/costs counterclaim related to same incident)
- Kinney v. Cook, 159 Wn.2d 837 (2007) (CR 13(a) liberal construction; avoid multiplicity of suits)
- Jackson v. Quality Loan Serv. Corp., 186 Wn. App. 838 (2015) (de novo review of CR 12(b)(6) dismissal standard)
- FutureSelect Portfolio Mgmt., Inc. v. Tremont Gp. Holdings, Inc., 180 Wn.2d 954 (2014) (standard for dismissal for failure to state a claim)