Blais v. Phillips, 1177--I
| Decision Date | 13 November 1972 |
| Docket Number | No. 1177--I,1177--I |
| Citation | 502 P.2d 1245,7 Wn.App. 815 |
| Court | Washington Court of Appeals |
| Parties | Paul K. BLAIS, Respondent, v. J. C. PHILLIPS and Ellen Phillips, husband and wife, Appellants. |
R. Terry Husseman, Seattle, for appellants.
Martin, Niemi, Burch & Mentele, George W. Martin, Susan F. French, Seattle, for respondent.
Paul K. Blais brought an action against J. C. Phillips and Ellen Phillips, his wife, seeking to recover damages resulting from an altercation which occurred in the parking lot of the Airport District Court in King County. The trial was to the court without a jury and resulted in findings of fact and conclusions of law sustaining recovery of $3,631.38 plus costs. The Phillipses appeal from the judgment entered against them in that amount.
The facts are these: On October 18, 1967, the parties to this litigation were adversaries in a case tried in the Airport District Court. As they and a number of witnesses left the courthouse and entered the parking lot, bitter words were exchanged. There is evidence in the record that Phillips took off his coat, handed it to Mrs. Phillips, and then physically assaulted Blais, causing him injury. There is also evidence, believed by the court, that Mrs. Phillips, in addition to holding her husband's coat, shouted encouragement to him and words of opprobrium at Blais before and during the encounter.
The first question is whether there is substantial evidence to support the court's finding that Mr. Phillips assaulted Blais. The Phillipses' principal attack is based upon their claim that the testimony of Blais was contradictory and of no worth. We may not pass upon the credibility of a witness, even though he is a party to the litigation. Moreover, there is evidence, additional to that of Blais, which adequately supports the findings of the trial court.
The next question is whether the trial court erred in excluding a copy of a medical report which Blais's doctor had sent to the Federal Aviation Administration. During cross-examination, the doctor was asked for information contained in the report. On his own, the doctor protested disclosure, stating that the regulations of the F.A.A. made the report confidential. The law is that:
In ruling upon questions during the examination of witnesses, and more particularly the cross-examination, the trial court has considerable latitude, and its rulings will not be held to be reversible error unless it appears that they are clearly erroneous and, generally speaking, prejudicial.
Good v. West Seattle Gen. Hosp. Corp., 53 Wash.2d 617, 623, 335 P.2d 590, 593 (1959).
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deElche v. Jacobsen, 46715-3
...263, 186 P.2d 900 (1947) (community held liable for deadly assault arising from defense of community property); Blais v. Phillips, 7 Wash.App. 815, 502 P.2d 1245 (1972) (community held liable for assault occurring after a trial concerning community On the other hand, the tortious act in Edm......
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Clayton v. Wilson
...factually divergent cases come to the opposite conclusion and, instead, impose community liability. See, e.g., Blais v. Phillips, 7 Wash. App. 815, 502 P.2d 1245 (1972) (community liability for fight that arose in parking lot following a trial concerning management of community property); B......
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Edmonds v. Ashe
...between the supposed community benefit or acts of management and the wrong committed was exceedingly tenuous. E.g., Blais v. Philips, 7 Wash.App. 815, 502 P.2d 1245 (1972) (community held liable for assault which took place after and as result of a court action involving the management of c......
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Table of Cases
...(Aug. 2, 2010), reviewdenied sub nom. Black v. Einstein, 170 Wn.2d 1018 (2011): 3.2(14)(a), 3.2(14)(b), 3.3(1), 6.6 Blais v.Phillips, 7 Wn.App. 815, 502 P.2d 1245 (1972), review denied, 82 Wn.2d 1002(1973): 6.3(2)(a) Blewett St., Inre, 59 Wash. 651, 110 P. 549 (1910): 4.5 BlodgettsEstate, I......
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§6.3 Tort Liability
...thereby imposing community liability, whether ... the actions he takes are good, bad, or even criminal. Id. at 779. Blais v. Phillips, 7 Wn.App. 815, 502 P.2d 1245 (1972), review denied, 82 Wn.2d 1002 (1973). The plaintiff sued the Phillipses, alleging that Mr. Phillips, with the approval o......