Sofie v. Fibreboard Corp.

Decision Date27 September 1989
Docket NumberNo. 54610-0
CitationSofie v. Fibreboard Corp., 112 Wn.2d 636, 780 P.2d 260 (Wash. 1989)
PartiesAustin SOFIE, et al., Appellants, v. FIBREBOARD CORPORATION, et al., Respondents.
CourtWashington Supreme Court

It is hereby ordered that the opinion in the above cause, as the same appears at 112 Wash.2d 636, 771 P.2d 711, be changed as follows:

The sentence beginning in the thirtieth line from the top of page 669[2nd column, line 27, from top of page 728 of 771 P.2d] which reads "Therefore, regardless of the fact that the 'hazardous ... substance' language includes asbestos, the Legislature's restriction of joint and several liability does not even apply to the named defendants in the Sofies' claim." is deleted and the following language is inserted in its place:

In addition, defendants had alleged at trial that...

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159 cases
  • State v. Evans
    • United States
    • Washington Supreme Court
    • 16 June 2005
    ... ... U.S. CONST. amend. VI; see also generally Sofie v. Fibreboard Corp., 112 Wash.2d 636, 771 P.2d 711, 780 P.2d 260 (1989) ... As Justice Scalia noted: ... ...
  • Saldivar v. Momah
    • United States
    • Washington Court of Appeals
    • 24 June 2008
    ... ... CONST. art. I, § 21; see Sofie v. Fibreboard Corp., 112 Wash.2d 636, 656, 771 P.2d 711, 780 P.2d 260 (1989). CR 38(a) preserves ... ...
  • Verba v. Ghaphery
    • United States
    • West Virginia Supreme Court
    • 13 December 2000
    ... ... Murphy, 573 A.2d 853, 861 (Md. Ct. Spec. App. 1990) (quoting Franklin v. Mazda Motor Corp., 704 F.Supp. 1325, 1336 (D. Md. 1989)), aff'd, 601 A.2d 102 (Md. 1992). The Maryland court ... 1996); Lucas v. United States, 757 S.W.2d 687 (Tex. 1988); Sofie v. Fibreboard Corp., 112 Wash. 2d 636, 771 P.2d 711, amended on other grounds by 780 P.2d 260 ... ...
  • Schuck v. Beck
    • United States
    • Washington Court of Appeals
    • 19 October 2021
    ... ... Viad Corp ., 165 Wash.2d 341, 348, 197 P.3d 127 (2008). 38 The facts present a genuine issue of material ... 143 The right to a jury trial extends to a civil proceeding. Sofie v. Fibreboard Corp. , 112 Wash.2d 636, 644, 771 P.2d 711, 780 P.2d 260 (1989). In determining the ... ...
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5 books & journal articles
  • Toxic apportionment: a causation and risk contribution model.
    • United States
    • Environmental Law Vol. 25 No. 3, June 1995
    • 22 June 1995
    ...430. Other courts have reached similar conclusions. See, e.g., Sofie v. Flbreboard Corp., 771 P.2d 711, 727-28 (Wash. 1989), modified by 780 P.2d 260 (Wash. 1989) (as amended, holding that Wash. Rev. Code [sections] 4.22.070(3)(a) provides an exception for "hazardous waste or substances" en......
  • §38.6 Analysis
    • United States
    • Washington State Bar Association Washington Civil Procedure Deskbook (WSBA) Chapter 38 Rule 38.Jury Trial of Right
    • Invalid date
    ...is not completely frozen in time" and so "essential right" to a jury trial should not "slowly wither[] away." Sofie v. Fibreboard Corp., 112 Wn.2d 636,649,77 lP.2d 711, opinion amended, 780 P.2d 260 The Washington Supreme Court's approach is similar to the approach taken by the United State......
  • §48.6 Analysis
    • United States
    • Washington State Bar Association Washington Civil Procedure Deskbook (WSBA) Chapter 48 Rule 48.Juries of Less Than Twelve
    • Invalid date
    ...884, 224 P.3d 761, cert, denied, 130 S. Ct. 3482 (2010); Sofie v. Fibreboard Corp., 112 Wn.2d 636, 644, 771 P.2d 711, opinion amended, 780 P.2d 260 (1989). This determination involves a two-step analysis: the first step requires inquiry into the scope of the jury trial right as it existed w......
  • §48.4 Comparison with Federal Rule
    • United States
    • Washington State Bar Association Washington Civil Procedure Deskbook (WSBA) Chapter 48 Rule 48.Juries of Less Than Twelve
    • Invalid date
    ...rules affecting that right are determined by reference to state law. Sofie v. Fibreboard Corp., 112 Wn.2d 636, 644, 771 P.2d 711, amended, 780 P.2d 260 (1989). See Chapter 38. (Rule 38. Jury Trial of Right) of this The holding in Colgrove reflects a second significant difference between sta......
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