Fischer v. State Farm Fire & Casualty Co.

MEMORANDUM **

Thom Fischer appeals the district court’s order denying his motion for summary judgment and granting State Farm Fire and Casualty Company’s motion for summary judgment. We affirm in part, reverse in part, and remand for further proceedings.

Our decision in this case rests on a bizarre set of circumstances, including the Washington Court of Appeals’ reconciliation of seemingly contradictory, jury findings in the underlying civil suit. The Washington Court of Appeals held that the jury could find both that Fischer was negligent when he engaged in intercourse with Donna MacKenzie and…