[WSBAPT] Procedural Rule

[Amy Goertz]

Esteemed Colleagues –

 

I have a case in King County where I brought a Motion for Summary Judgment
on the issue of whether the defendant was immune from civil suit.  The
assigned Judge, Marianne Spearman, did not grant the motion and rule that
the defendant was not immune from suit, but she also did not rule in favor
of the defense and grant the defendant immunity - instead she declined to
rule on the issue at law, and said it was an issue of fact for the jury.

 

After a trial continuance, the case was reassigned to Judge James Cayce.
Now my opposing counsel has brought a Motion for Summary Judgment before
the new judge on the exact same issue, hoping for a different ruling.  It
seems patently unfair that he would have another bite at the apple, after
both sides fully presented the issue and had a ruling.  It seems clear
that if Judge Spearman were still assigned to the case that he would not
bring this Motion, as we would already know the outcome.

 

I appreciate any thoughts on how to approach this.

 

Thanks in advance,

 

Amy J. Goertz

aj at goertzlambrecht.com

425-778-8997

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