Icicle Seafoods, Inc. v. Carlos Gutierrez

¶ 1 The trial court granted Carlos Gutierrez’s request to dismiss his lawsuit against Icicle Seafoods Inc. without prejudice. Icicle appeals this decision, claiming that Gutierrez lost the right to request this relief by filing a response to Icicle’s summary judgment motion. Because Gutierrez made his request before the scheduled hearing on Icicle’s motion had started, the summary judgment motion had not been submitted to the trial court for decision. Thus, we affirm the trial court.

FACTS

¶2 Gutierrez developed a sore throat while working as a processor on one of Icicle’s commercial fishing…