Kirkpatrick v. Department of Labor & Industries

This is an appeal by plaintiff from a judgment notwithstanding the verdict, in an action in which he sought to recover an increased disability award.

Appellant assigns as error the court’s entry of the judgment, and its failure to enter judgment on the verdict.

The trial court, in granting the motion for judgment notwithstanding the verdict, stated as its reason that, since the deposition of appellant’s medical witness was not contained in a sealed envelope, it was prejudicial error to permit the deposition to be published.

RCW 5.08.060 [cf. Rem. Rev. Stat., § 1243], which was in effect at the…