Fergen v. Sestero

Docket Number88819-1
Decision Date12 March 2015

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86 cases
  • Pointe at Westport Harbor Homeowners' Ass'n v. Eng'rs Nw., Inc.
    • United States
    • Washington Court of Appeals
    • May 3, 2016
    ...court to fail to instruct the jury on an applicable defense theory that is supported by substantial evidence. Fergen v. Sestero, 182 Wash.2d 794, 810, 346 P.3d 708 (2015). Giving an improper instruction is grounds for reversal, unless the instruction did not prejudice a party. Keller v. Cit......
  • Grisby v. Herzog
    • United States
    • Washington Court of Appeals
    • October 26, 2015
    ...393, 398, 298 P.3d 782 (2013) (declining appellant's invitation to find previous rule is incorrect and harmful), affirmed, 182 Wash.2d 794, 346 P.3d 708 (2015) ; Fed. Way Sch. Dist. 210 v. Vinson, 154 Wash.App. 220, 235, 225 P.3d 379 (2010) (Dwyer, J., dissenting), reversed, 172 Wash.2d 756......
  • Swager v. CCM Holdings, LLC
    • United States
    • Washington Court of Appeals
    • April 27, 2023
    ... ... within a trial court's discretion, so such decisions are ... reviewed for abuse of discretion. Fergen v. Sestero , ... 182 Wn.2d 794, 802, 346 P.3d 708 (2015). Under this standard, ... we will reverse a trial court's decision only if the ... ...
  • Erickson v. Pharmacia
    • United States
    • Washington Court of Appeals
    • May 1, 2024
    ...their theory of the case, and, when taken as a whole, properly inform the trier of fact of the applicable law. Fergen v. Sestero, 182 Wash.2d 794, 803, 346 P.3d 708 (2015). Whether to give a jury instruction is within the court’s discretion and, therefore, reviewed for abuse of that discret......
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