254 P.3d 797
Wash.2011Background
- Blair and her husband sued TravelCenters of America for injuries from a May 2003 slip; case scheduled with discovery and witness deadlines, Blair failed to disclose witnesses by May 21, 2007 and delayed disclosures thereafter.
- Blair eventually disclosed witnesses on July 11, 2007, but with incomplete information per local rule, prompting an August 14, 2007 court order striking some witnesses and imposing sanctions.
- On October 4–15, 2007, Blair’s health care providers were excluded as witnesses; Blair was fined $500, and TravelCenters moved for summary judgment arguing causation could not be proved.
- The trial court granted summary judgment in June 2008; Court of Appeals affirmed; Supreme Court reversed, holding the sanctions were imposed without Burnet-factor findings and vacated the sanction orders and the summary judgment.
- The Supreme Court held monetary sanctions may be imposed without Burnet-factor findings, but harsh sanctions like witness exclusion require on-record Burnet-factor analysis; the August 14 and October 15 orders were vacated and the summary judgment reversed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused discretion by excluding Blair’s witnesses without Burnet findings | Blair | TravelCenters | Yes; Burnet factors required on record; sanctions vacated |
| Whether the monetary sanctions were proper without Burnet analysis | Blair | TravelCenters | Yes; Mayer allows monetary sanctions without Burnet findings |
| Whether the summary judgment must be reversed due to invalid sanctions | Blair | TravelCenters | Yes; reversal of summary judgment due to sanction errors |
Key Cases Cited
- Burnet v. Spokane Ambulance, 131 Wash.2d 484 (1997) (need Burnet findings for harsh sanctions; applies to dismissal, default, exclusion of testimony)
- Mayer v. Sto Indus., Inc., 156 Wash.2d 677 (2006) (monetary sanctions allowed without Burnet analysis; harsher sanctions require Burnet factors)
- Scott v. Grader, 105 Wash. App. 136 (2001) (limits Burnet analysis applicability when harsher sanction imposed after prior order; facts distinguished)
- Johnson v. Horizon Fisheries, LLC, 148 Wash.App. 628 (2009) (needs on-record Burnet findings before harsh sanction; distinguishable from other authority)