Michael Vandivere V. C3 Manufacturing, Llc
85568-9
| Wash. Ct. App. | Dec 2, 2024Background
- Michael Vandivere was injured at a Vertical World climbing gym while using an auto-belay device manufactured by C3 Manufacturing (C3).
- Plaintiffs sued both Vertical World and C3, alleging negligence and product liability; C3 asserted certain affirmative defenses.
- During discovery, C3 and its counsel, Sinars Slowikowski Tomaska LLP (Sinars), failed to timely disclose rescission of a crucial $4M insurance policy and failed to disclose 38 visits by a Sinars attorney to Vertical World.
- Upon discovery of these omissions, Plaintiffs and codefendant Vertical World sought discovery sanctions.
- The trial court imposed substantial sanctions against C3 and Sinars, jointly and severally, and referred three Sinars attorneys to the Washington State Bar Association for potential ethical violations.
- On appeal, C3 and Sinars challenged the sanctions, the trial court’s methodology, and the joint and several liability finding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Discovery sanctions for failing to supplement | Non-disclosure warranted sanctions | Late disclosures were reasonable, no prejudice | Sanctions upheld; duty to supplement was violated |
| Sanctions owed to both Plaintiffs and Vertical World | Vertical World relied on the information | Only party propounding discovery can get sanctions | Both Plaintiffs and Vertical World entitled to sanctions |
| Joint and several liability for attorney and client | Both should be responsible | Only direct wrongdoer liable | Joint and several liability proper under rules and facts |
| Referral for potential ethical violations | Trial court's referral supported by facts | Court made improper findings, referral unjustified | Referral to WSBA affirmed; only a referral, not a finding |
Key Cases Cited
- Barton v. Dep't of Transp., 178 Wn.2d 193 (trial courts have broad discretion in fashioning discovery sanctions)
- Walker v. Orkin, LLC, 10 Wn. App. 2d 565 ("shall" imposes a mandatory requirement in civil rules)
- Bowers v. Transamerica Title Ins. Co., 100 Wn.2d 581 (lodestar method for attorney’s fees calculation)
- Wash. State Physicians Ins. Exch. & Ass’n v. Fisons Corp, 122 Wn.2d 299 (sanctions may be imposed on both attorney and party; discovery rules' broad purposes)
- Burnet v. Spokane Ambulance, 131 Wn.2d 484 (abuse of discretion standard for appealing trial court sanctions order)