Diaz v. STATE, UNIVERSITY OF WASHINGTON

251 P.3d 249
CourtCourt of Appeals of Washington
DecidedApril 27, 2011
Docket64363-1-I
StatusPublished

This text of 251 P.3d 249 (Diaz v. STATE, UNIVERSITY OF WASHINGTON) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Diaz v. STATE, UNIVERSITY OF WASHINGTON, 251 P.3d 249 (Wash. Ct. App. 2011).

Opinion

251 P.3d 249 (2011)

Louis Alexander DIAZ and Mona Diaz, Appellants,
v.
STATE of Washington, UNIVERSITY of WASHINGTON; Neal D. Futran, DMD, M.D.; and Yakima Valley Memorial Hospital Association, a Washington nonprofit corporation, Defendants,
Medical Center Laboratory Inc., PS, a Washington professional services corporation; and Jayanthi Kini, M.D., Respondents.

No. 64363-1-I.

Court of Appeals of Washington, Division 1.

Publication Ordered April 27, 2011.
March 7, 2011.

*250 Joseph Andrew Grube, Ricci Grube Breneman PLLC, Seattle, WA, for Appellants.

Daniel W. Ferm, Mary H. Spillane, Williams Kastner & Gibbs, Seattle, WA, Jeffrey Richard Street, Hodgkinson Street LLC, Portland, OR, for Respondents.

APPELWICK, J.

¶ 1 The Diazes filed this medical malpractice action alleging misdiagnosis of cancer of the larynx resulting in the unnecessary removal Mr. Diaz's larynx. The question presented is whether RCW 7.70.080 permits the introduction of evidence of, and instruction of the jury on, a settlement between the plaintiff and a codefendant who is no longer a party. We conclude it does. We affirm.

FACTS

¶ 2 Louis Diaz and his wife sued several health care providers, alleging malpractice relating to the diagnosis of Mr. Diaz's cancer of the larynx. The Diazes named Dr. Neal Futran, the otolaryngologist and oral surgeon who performed the related surgery, and his employer, the University of Washington Medical Center (UW), in the lawsuit. The Diazes also named Dr. Jayanthi Kini, the pathologist who reviewed Mr. Diaz's biopsy specimen and diagnosed cancer, and her employer, Medical Center Laboratory, Inc., PS (MCL).[1] Prior to trial, the Diazes reached a settlement with Futran and UW for $400,000. The case proceeded against Kini and MCL. In the first trial, the evidence of settlement was not admitted. The jury deadlocked and could not render a verdict. Before the second trial, the trial court ruled that the evidence of the Diazes' settlement with Futran and UW, including the amount, was admissible under RCW 7.70.080. The Diazes' counsel informed the jury of the settlement in opening argument.

¶ 3 Mid-trial, the Diazes renewed the motion to exclude evidence of the settlement or to reserve a decision regarding the effect, if any, of the settlement on the jury verdict. Because counsel had made reference to the settlement in opening statements, the Diazes counsel also asked that the court consider a curative instruction. The trial court ruled that the evidence was admissible.

¶ 4 The trial court then gave the following instruction:

You have heard evidence that the University of Washington and Dr. Neal Futran were once parties to this litigation and later entered into a settlement with the plaintiffs, paying the plaintiffs $400,000. This evidence should not be used to either (a) assume the University of Washington or Dr. Futran acted negligently to cause damage to the plaintiffs, (b) excuse any liability you find on the part of Dr. Kini or MCL, or (c) reduce the amount of any damages you find were caused by Dr. Kini or MCL. By giving you this instruction, the court does not mean to instruct you for which party your verdict should be rendered.

The jury found in favor of Kini and her employer. The trial court denied the Diazes' motion for a new trial. The Diazes appeal both the judgment and the denial of the motion for a new trial.

DISCUSSION

¶ 5 The Diazes contend that the trial court erred in admitting evidence of the settlement between the Diazes and defendants Futran and UW. The trial court found that RCW 7.70.080 permitted admission of the settlement. This court reviews a trial court's interpretation of a statute de novo. Nevers v. Fireside, Inc., 133 Wash.2d 804, 809, 947 P.2d 721 (1997).

¶ 6 RCW 7.70.080 states:

Any party may present evidence to the trier of fact that the plaintiff has already been compensated for the injury complained of from any source except the assets of the plaintiff, the plaintiff's representative, or the plaintiff's immediate family. In the event such evidence is admitted, the plaintiff may present evidence *251 of an obligation to repay such compensation and evidence of any amount paid by the plaintiff, or his or her representative or immediate family, to secure the right to the compensation. Compensation as used in this section shall mean payment of money or other property to or on behalf of the plaintiff, rendering of services to the plaintiff free of charge to the plaintiff, or indemnification of expenses incurred by or on behalf of the plaintiff. Notwithstanding this section, evidence of compensation by a defendant health care provider may be offered only by that provider.

The Washington Legislature added RCW 7.70.080 in 1976, when it modified common law with respect to medical malpractice actions for health care. See LAWS OF 1975-76, 2nd Ex.Sess., ch. 56, § 13; RCW 7.70.010; Branom v. State, 94 Wash.App. 964, 968, 974 P.2d 335 (1999). The purpose of the legislation was to address rising health care costs resulting from the high cost of malpractice liability:

The medical malpractice issue is national in scope, and represents a wide range of factors which combine to create the overall problem. The most commonly cited examples of symptoms [sic] of the problem include: insurance carriers' [sic] dropping or restricting their coverages or refusing to cover certain providers, large increases in malpractice insurance rates which add to already rising medical care costs, providers limiting or changing their patterns of practice in order to reduce the cost of coverage; and, in some cases, providers' shutdown and strikes.

1976 FINAL LEGISLATIVE REPORT, 44th Wash. Leg., 2nd Ex.Sess., at 22.

¶ 7 RCW 7.70.080 replaced the common law collateral source rule in actions for injuries resulting from health care. Mahler v. Szucs, 135 Wash.2d 398, 412 n. 4, 957 P.2d 632, 966 P.2d 305 (1998); Adcox v. Children's Orthopedic Hosp. & Med. Ctr., 123 Wash.2d 15, 40, 864 P.2d 921 (1993). The collateral source rule is an evidentiary principle that enables an injured party to recover compensatory damages from a tortfeasor without regard to payments the injured party received from a source independent of a tortfeasor. Mazon v. Krafchick, 158 Wash.2d 440, 452, 144 P.3d 1168 (2006).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Grigsby v. City of Seattle
529 P.2d 1167 (Court of Appeals of Washington, 1975)
Byerly v. Madsen
704 P.2d 1236 (Court of Appeals of Washington, 1985)
Branom v. State
974 P.2d 335 (Court of Appeals of Washington, 1999)
Nevers v. Fireside, Inc.
947 P.2d 721 (Washington Supreme Court, 1997)
Adcox v. Children's Orthopedic Hospital & Medical Center
864 P.2d 921 (Washington Supreme Court, 1993)
Lange v. Raef
664 P.2d 1274 (Court of Appeals of Washington, 1983)
Mahler v. Szucs
957 P.2d 632 (Washington Supreme Court, 1998)
Vasquez v. Markin
731 P.2d 510 (Court of Appeals of Washington, 1986)
Northington v. Sivo
8 P.3d 1067 (Court of Appeals of Washington, 2000)
Mazon v. Krafchick
144 P.3d 1168 (Washington Supreme Court, 2006)
Putman v. Wenatchee Valley Medical Center
216 P.3d 374 (Washington Supreme Court, 2009)
State v. DeVincentis
74 P.3d 119 (Washington Supreme Court, 2003)
Nevers v. Fireside, Inc.
133 Wash. 2d 804 (Washington Supreme Court, 1997)
Mahler v. Szucs
135 Wash. 2d 398 (Washington Supreme Court, 1998)
State v. DeVincentis
150 Wash. 2d 11 (Washington Supreme Court, 2003)
Mazon v. Krafchick
158 Wash. 2d 440 (Washington Supreme Court, 2006)
Putman v. Wenatchee Valley Medical Center, PS
166 Wash. 2d 974 (Washington Supreme Court, 2009)
Northington v. Sivo
102 Wash. App. 545 (Court of Appeals of Washington, 2000)
Diaz v. State
251 P.3d 249 (Court of Appeals of Washington, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
251 P.3d 249, Counsel Stack Legal Research, https://law.counselstack.com/opinion/diaz-v-state-university-of-washington-washctapp-2011.