Maziar v. Department of Corrections

No. 90377-8 (Wash. Apr. 30, 2015) · Supreme Court of the State of Washington · April 30, 2015 · No. No. 90377-8

Summary

The Washington Supreme Court held that the State has a statutory right to a jury trial in tort actions brought against it. Reading Washington’s jury-trial statutes together with provisions waiving sovereign immunity and requiring actions against the State to proceed as other actions, the court reversed and remanded for a jury trial.

Holdings

  1. The State of Washington has a statutory right to a jury trial in tort actions.
  2. The court did not reach the constitutional jury-trial issue because it resolved the case on statutory grounds.

Questions Presented

  1. Whether the State of Washington has a statutory right to a jury trial in tort actions brought against it.

Disposition

reversed_and_remanded

Cases Cited (6)

  • Maziar v. Dep't of Corr., 151 Wash. App. 850, 852, 216 P.3d 430 (2009)(followed)
  • Maziar v. Dep't of Corr., 180 Wash. App. 209, 225, 234, 327 P.3d 1251 (2014)(reversed)
  • Maziar v. Dep't of Corr., 181 Wash. 2d 1021, 337 P.3d 326 (2014)(prior history)
  • Anderson v. Dussault, 181 Wash. 2d 360, 368, 333 P.3d 395 (2014)(followed)
  • Dep't of Ecology v. Campbell & Gwinn, LLC, 146 Wash. 2d 1, 9-11, 43 P.3d 4 (2002)(followed)
  • Thurston County v. Gorton, 85 Wash. 2d 133, 138, 530 P.2d 309 (1975)(followed)

Cited In (0)

No citing cases on record yet.

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