Alexander v. Food Services of America, Inc. (no relationship to attorney John R. Alexander)
Dec 27, 1994
Plaintiff's case dismissed
After child was severely injured after he was struck by automobile in school parking lot, child's father brought action against school district and motorist. Child's mother sought to join action but did not attend trial at which father obtained judgment. After mother brought action against school district, school district moved for summary judgment on both mother's action and mother's claim in connection with father's action. The Superior Court, Snohomish County, James Allendoerfer, J., granted motion, and mother appealed. The Court of Appeals, Pekelis, Acting C.J., held that trial court did not abuse discretion in dismissing mother's claim arising out of father's suit where mother was aware of trial on father's claim and willfully chose not to attend.
We (the Court) are concerned that RCW 4.24.010 remains unclear to practitioners and the courts. However, here, we need not decide whether Alexander's improper joinder, could or should be excused or whether the defendants waived the issue by failing to raise it in a timely manner. Alexander failed to appear at the month long trial. The trial court cited this failure as an additional basis for dismissal. In its discretion a trial court may dismiss a case because of a plaintiff's failure to appear for trial. Wagner v. McDonald, 10 Wash.App. 213, 217, 516 P.2d 1051 (1973); see also, Snohomish Cy. v. Thorp Meats, 110 Wash.2d 163, 167, 750 P.2d 1251 (1988).
State of Washington v. Bird
Dec 31, 1980
Suspended sentence upheld
Two juveniles pled guilty to charges of burglary in second degree in separate hearings before the Superior Court, King County, William C. Goodloe, and George H. Revelle, JJ., and both received suspended commitment sentences. On the State's motion, cases were consolidated on appeal to Court of Appeals. The Supreme Court, Williams, J., granted direct review and held that trial court was vested with authority to suspend disposition sentence of commitment in juvenile offense proceedings.