Diaz v. Washington

In a medical malpractice case, Louis Diaz sought a new trial because the trial court admitted evidence that he settled before trial with two of the defendants. Diaz contended that the trial court misapplied RCW 7.70.080 in ruling the evidence admissible. Upon review, the Supreme Court agreed, concluding that: (1) RCW 7.70.080 permitted only a settling health care provider, not the nonsettling defendants, to introduce evidence of the settlement; (2) to the extent it dealt with settlements, RCW 7.70.080 was superseded by subsequent statutes that treat settlements inconsistently with subsection .080; and (3) the trial court's reading of RCW 7.70.080 would have violated the separation of powers doctrine. However, having found error, the Supreme Court held that the error was harmless because no settlement evidence was admitted at trial, the issue was a minor feature of a fairly lengthy trial, and the court gave a curative instruction at Diaz's request, which was presumed the jury followed. View "Diaz v. Washington" on Justia Law