Holt Woods Scisciani LLP Blog

On November 21, 2019, the Washington State Supreme Court issued its decision in Vargas v. Inland Washington et al., which arguably expanded a general contractor’s liability for personal injuries occurring on the jobsite. By way of summary, Plaintiff Gildardo Crisostomo Vargas was working on a construction project when a concrete-carrying hose whipped around, hit him in the head, and caused a severe traumatic brain injury.

Issues: (1) Can service of summons still be considered effective under ORCP 7 if the underlying
summons is technically defective? YES. (2) Must a party still obey an order if that party has a good
faith reason to believe the order is invalid or erroneous? YES.

On November 21, 2019, the Washington State Supreme Court issued its decision in Vargas v.
Inland Washington et al., which arguably expanded a general contractor’s liability for personal
injuries occurring on the jobsite.

In a 5-4 Decision, Washington Supreme Court Holds that RCW 48.01.030 Does Not Provide A Basis for an Insured’s Bad Faith and Consumer Protection Act Claims Against Claims Adjusters. Issue: Does RCW 48.01.030 provide a basis for an insured’s bad faith and Consumer Protection Act (CPA) claims against claims adjusters? NO

Washington Court Upholds Decision Not to Consider Supplemental Declaration Filed After Memorandum Decision on Summary Judgment. Issue: Does Washington procedural law require trial courts to consider supplemental declarations filed after the court issues a memorandum decision granting a party summary judgment, but before the court enters a formal order on summary judgment? NO

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