# Ford Motor Co. v. Barrett

> Washington Supreme Court · November 15, 1990 · 115 Wash. 2d 556

URL: https://www.frixlaw.com/law-library/cases/9792488

## Case

- **Full name:** Ford Motor Company, Appellant, v. Gary Barrett, Et Al, Respondents
- **Court:** Washington Supreme Court
- **Decided:** November 15, 1990
- **Citations:** 115 Wash. 2d 556; 800 P.2d 367; 1990 Wash. LEXIS 163
- **Precedential status:** Published
- **Opinion:** Concurrence by Utter
- **Judges:** Smith, Utter
- **Cited by:** 41 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9792488

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9792488. Public record. Not legal advice.