Opinion

Ford Motor Co. v. Barrett

  • 115 Wash. 2d 556
  • 800 P.2d 367
  • 1990 Wash. LEXIS 163
Court
Washington Supreme Court
Filed
Nov 15, 1990
Status
Published
Author
Utter
On the bench
Smith, Utter
Cited by
41 cases

holding that jury trial in a civil action may be waived by inaction where the party fails to demand jury trial or pay fee on or before setting of trial date

How later courts described this case

  • holding that jury trial in a civil action may be waived by inaction where the party fails to demand jury trial or pay fee on or before setting of trial date
  • finding that failure to file a demand for jury trial pursuant to CR 38(b) constitutes waiver
  • considering Ford Motor Company’s assertion that a statute violated due process by restricting a statutorily granted right to appeal
  • the proper inquiry is to determine whether on a given subject the Washington constitutional provision affords greater protection than the federal constitution

Written by the judges who cited it.

The opinion

Utter, J.

(concurring)—I concur in the reasoning of the majority opinion. In addition, I agree with the position taken by the majority regarding the application of Const. *571 art. 1, § 12, because the argument presented to our court was not presented in the same degree to the trial court. Trial courts should have the same opportunity as this court to make fully informed rulings on state constitutional law issues. To present the trial court a less detailed argument than we receive deprives them of that opportunity.

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.

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