Legal Opinion

Brackman v. City of Lake Forest Park

Court of Appeals of Washington

Decided September 19, 2011No. 65255-9-IPublishedCited by 6 opinions

1Opinion of the CourtSchindler, J.

¶1 A certificate of service filed with a request for trial de novo that is signed by a legal assistant, but is not made under oath or under penalty of perjury, is not “proof that a copy has been served” under Mandatory Arbitration Rule (MAR) 7.1(a). We affirm the trial court’s decision to strike the request for trial de novo and the order denying reconsideration.

¶2 The facts are not in dispute. On September 17, 2008, Herbert Brackman filed a personal injury lawsuit against the City of Lake Forest Park (City). The case was transferred to mandatory arbitration. The arbitrator ruled in favor of…

2Cases cited17 opinions

  1. Kilian v. AtkinsonWashington Supreme Court · 2002
  2. Nevers v. Fireside, Inc.Washington Supreme Court · 1997
  3. Nevers v. Fireside, Inc.Washington Supreme Court · 1997
  4. Terry v. City of TacomaCourt of Appeals of Washington · 2001
  5. Manius v. BoydCourt of Appeals of Washington · 2002

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3Cited by6 opinions

  1. Morello v. VONDACourt of Appeals of Washington · 2012
  2. Tacoma Pierce Co Small Business Incubator, V Jaguar Security, Ricky McgheeCourt of Appeals of Washington · 2018
  3. Jason Aguirre, V Kroger, Inc.Court of Appeals of Washington · 2020
  4. Morello v. VondaCourt of Appeals of Washington · 2012
  5. Robert Levesque v. Diane MathenyCourt of Appeals of Washington · 2015

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