SACKETT v. SANTILLI

No. 44892-7-I.

5 P.3d 11 (2000)

101 Wash.App. 128

Russell and Carolyn SACKETT, husband and wife, Respondent, v. Thomas A. SANTILLI, Appellant.

Court of Appeals of Washington, Division 1.

June 12, 2000.


Attorney(s) appearing for the Case

Shellie McGaughey, Bellevue, for Appellant.

Charles E. Peery, Peery, Hiscock, Pierson & Ryder, Seattle, for Respondent,


WEBSTER, J.

Russell and Carolyn Sackett sued Thomas Santilli for negligence in a motor vehicle accident. Santilli's attorney failed to timely file a jury demand. Construing CR 38, the trial court found that Santilli waived trial by jury and, in its discretion, denied his later motions for jury trial and a new trial. Santilli appeals arguing that: 1) CR 38 is unconstitutional because the Washington Constitution allows only the Legislature to prescribe waiver provisions...

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