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251 P.3d 249
Wash. Ct. App.
2011
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Background

  • Diazes sued multiple health care providers for misdiagnosis of laryngeal cancer leading to unnecessary laryngectomy.
  • Plaintiffs named Dr. Futran and UW Medical Center; also named pathologist Dr. Kini and MCL.
  • Pretrial settlement: Diazes settled with Futran and UW for $400,000; Kini and MCL remained in suit.
  • In the first trial, settlement evidence was not admitted; jury deadlocked.
  • Before the second trial, the court admitted settlement evidence under RCW 7.70.080 and instructed the jury accordingly.
  • Jury returned verdict for Kini and MCL;Diazes appealed challenging admissibility and related instructions.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether RCW 7.70.080 allows settlement evidence from a former codefendant. Diazes contend former settling parties are proper collateral sources. Kini argues only current defendants may be considered as defendant health care providers. RCW 7.70.080 permits such evidence from former settling parties who contributed to compensation.
Whether ER 408 prohibits admission of settlement evidence under RCW 7.70.080. Settled evidence serves to offset damages, not prove liability. ER 408 bars settlement evidence only for liability, not for offset under 7.70.080. ER 408 does not bar admission when evidence is offered for purposes specified by RCW 7.70.080.
Whether the instruction limited the jury’s use of settlement evidence correctly. Instruction should allow reducing damages by prior settlements. Instruction should not direct a verdict or prejudice defendant. Instruction correctly stated that settlement evidence should not be used to apportion or reduce liability beyond RCW 7.70.080.
Whether the statute’s interpretation should be guided by related caselaw recognizing collateral source rules. Statutory language is clear and broad to include settlements. Balanced view with existing collateral source jurisprudence. Statute unambiguously allows compensation evidence from sources other than the plaintiff; former codefendants may be sources.

Key Cases Cited

  • Adcox v. Children’s Orthopedic Hosp. & Med. Ctr., 123 Wn.2d 15 (1993) (collateral source evidence and offsetting damages in medical malpractice)
  • Mahler v. Szucs, 135 Wn.2d 398 (1998) (redefines collateral source rule in medical malpractice; 7.70.080 context)
  • Lange v. Raef, 34 Wn. App. 701 (1983) (supports broad interpretation of collateral sources)
  • Northington v. Sivo, 102 Wn. App. 545 (2000) (settlement evidence may be admissible despite potential corrosion)
  • Putman v. Wenatchee Valley Med. Ctr., PS, 166 Wn.2d 974 (2009) (interpreting coexistence of ER 408 with statutes)
  • Columbia Physical Therapy, Inc. v. Benton Franklin Orthopedic Assocs., 168 Wn.2d 421 (2010) (statutory interpretation framework for resolving ambiguity)
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Case Details

Case Name: Diaz v. State
Court Name: Court of Appeals of Washington
Date Published: Mar 7, 2011
Citations: 251 P.3d 249; 161 Wash. App. 500; No. 64363-1-I
Docket Number: No. 64363-1-I
Court Abbreviation: Wash. Ct. App.
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