Opinion

DeMaris v. Brown

27 Wash. App. 932
621 P.2d 201
1980 Wash. App. LEXIS 2480

Court: Court of Appeals of Washington
Filed: Dec 17, 1980
Status: Published
Author: Dore
On the bench: Callow, Dore
Cited by: 6 cases
Authority: More cited than 11.2%

Questioned by Scott v. Cascade Structures, 100 Wash. 2d 537 (1983)

Later courts went against this

Questioned by Scott v. Cascade Structures, 100 Wash. 2d 537 (1983)
Therefore, the basis upon which DeMaris was decided is no longer valid.
Washington Supreme CourtDec 1, 1983Read it

The opinion

Dore, J.

(dissenting)—I dissent. I would affirm the trial court. The plaintiff's percentage of fault should be applied against the total amount of damage which the jury determined the plaintiff sustained. From this figure should be deducted the plaintiff's pretrial settlement. By deducting the settlement amount first, the majority reduces the plaintiff's fault percentage below that found by the jury. I approve the trial court's procedure which reduces the plaintiff's damages in accordance with the plaintiff's role in causing the injury. Lemos v. Eichel, 83 Cal. App. 3d 110, 118-19 , 147 Cal. Rptr. 603, 606-07 (1978).

Reconsideration denied January 19, 1981.

Review denied by Supreme Court April 8, 1981.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.