# DeMaris v. Brown

> Court of Appeals of Washington · December 17, 1980 · 27 Wash. App. 932

URL: https://www.frixlaw.com/law-library/cases/9791227

## Case

- **Full name:** Harry D. DeMaris, Individually and as Administrator, Et Al, Appellants, v. Sharon J. Brown, Et Al, Defendants, the State of Washington, Respondent
- **Court:** Court of Appeals of Washington
- **Decided:** December 17, 1980
- **Citations:** 27 Wash. App. 932; 621 P.2d 201; 1980 Wash. App. LEXIS 2480
- **Precedential status:** Published
- **Opinion:** Dissent by Dore
- **Judges:** Callow, Dore
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- **Yellow flag:** Questioned by Scott v. Cascade Structures, 100 Wash. 2d 537 (1983).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9791227

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9791227. Public record. Not legal advice.