Sackett v. Santilli

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; 2) a CR 38 waiver does not constitute consent to waiver as required by the Washington Constitution; and 3) the trial court abused its…