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292 P.3d 764
Wash. Ct. App.
2012
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Background

  • Stedman and Cooper's collision occurred in January 2006; arbitration awarded Stedman $23,300 total damages.
  • Cooper sought trial de novo; trial court later excluded defense biomechanical expert Dr. Allan Tencer.
  • Trial evidence described the mechanism of injury as a jarring side impact with various medical and chiropractic opinions.
  • The jury found no contributory negligence by Stedman and awarded $22,000; Stedman sought attorney fees under MAR 7.3.
  • Supreme Court Niccum v. Enquist (2012) later held it improper to subtract costs from an offer of compromise; the issue affected the attorney-fee award on trial de novo.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Admissibility of Tencer's biomechanical testimony Exclusion was appropriate; testimony would mislead jury about injury likelihood. Testimony offered relevant biomechanical insight useful to jurors. Exclusion not an abuse of discretion; testimony Logically irrelevant to injury extent.
Whether Cooper improved her position on trial de novo Costs were properly factored; offer of compromise should be compared to arbitration award plus costs. Niccum retroactively prohibits subtracting costs from the offer; she improved position. Niccum applies; Cooper improved position; attorney-fee award reversed.
Proper calculation and impact of costs on the offer of compromise Costs were properly considered under RCW 7.06.050 prior to Niccum change. Niccum requires not deducting costs from the offer of compromise. Niccum retroactively controls; costs cannot be subtracted; affects fee outcome.

Key Cases Cited

  • State v. Yates, 161 Wn.2d 714 (2007) (abuse of discretion standard for expert admissibility)
  • Anderson v. Akzo Nobel Coatings, Inc., 172 Wn.2d 593 (2011) (ER 702 relevance and helpfulness standard for experts)
  • Ma’ele v. Arrington, 111 Wn. App. 557 (2002) (admissibility of biomechanical testimony in damages contexts)
  • Schultz v. Wells, 13 P.3d 846 (Colo. App. 2000) (limits on mechanical-force testimony in car accidents)
  • Tittsworth v. Robinson, 252 Va. 151 (1996) (unreliable threshold-for-injury biomechanical testimony)
  • Niccum v. Enquist, 175 Wn.2d 441 (2012) (cannot subtract costs from an offer of compromise; retroactive application)
  • Clemente v. Blumenberg, 183 Misc. 2d 923 (1999) (sample size and relevance concerns in biomechanical injury testimony)
  • Schwartz v. Wells, 13 P.3d 846 (Colo. App. 2000) (see Schultz for discussion of admissibility factors)
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Case Details

Case Name: Stedman v. Cooper
Court Name: Court of Appeals of Washington
Date Published: Nov 19, 2012
Citations: 292 P.3d 764; 172 Wash. App. 9; No. 66839-1-I
Docket Number: No. 66839-1-I
Court Abbreviation: Wash. Ct. App.
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