Stedman v. Cooper

¶1 — This car accident case went through mandatory arbitration and trial de novo, both times resulting in a damage award for the plaintiff. We conclude the trial court did not abuse its discretion by excluding defense biomechanical testimony about the physical forces involved in the collision, and accordingly the defendant’s request for a new trial is denied. However, the court’s determination that the defendant failed to improve her position on trial de novo is inconsistent with the Supreme Court’s recent decision in Niccum v. Enquist, 175 Wn.2d 441, 286 P.3d 966 (2012). The award of…