McNeal v. Allen

(dissenting) — The majority holds that an issue not before the court is dispositive. It misstates the procedural posture of this case and thereby bolsters and bottoms its rationale upon those erroneous statements.

The majority states: "the appellants asserted a counterclaim that this allegation violated RCW 4.28.360, and was injurious to the reputation and peace of mind of the appellant doctors." In fact the defendant doctors did not label the nature of their claim nor did they, at any point, plead injury to their reputation and peace of mind.

The original defendants in their counterclaim…