Today's Opinions: Evidence and negligence
State v. Russell, No. 84307-4. Arthur Russell was convicted of first degree rape of a child. The trial court admitted evidence of similar acts committed by Russell against the victim in other states for the limited purposes of corroboration and showing Russell's disposition toward the victim (as permitted by ER 404(b)). Russell's attorney did not request a limiting instruction from the trial judge and none was given. On appeal, Russell argued that the trial court was required to give a limiting instruction. The court of appeals accepted this argument and overturned the conviction.
The Supreme Court today unanimously reverses the court of appeals and affirms Russell's conviction. A trial court is not required to provide a limiting instruction sua sponte; ER 105 applies to evidence admitted under ER 404(b). Justice Fairhurst wrote for the Court. (briefs, argument)
Veit v. Burlington N. Santa Fe Corp., No. 83385-1. Alizon Veit was driving across railroad tracks in Bellingham when she was hit by a Burlington Northern Santa Fe freight train. She sued, alleging negligence. Veit claimed, among other things, that BNSF was negligent because the train was traveling faster than an internal speed limit of 30 miles per hour on the particular tracks. The trial court found this claim preempted by a federal speed limit of 40 miles per hour and granted partial summary judgment to BNSF. At trial, a jury found that BNSF was not liable.
Veit appealed the partial summary judgment and the trial court's refusal to allow evidence of her exercise of due care at the crossing. The court of appeals affirmed the trial court. The Supreme Court today unanimously upholds the decisions below. The opinion, by the Chief Justice, reiterates that the federal speed regulation preempts claims based on company speed limits and that because "Washington is a pure comparative negligence jurisdiction" and the jury was properly instructed, evidence of her lack of contributory negligence was irrelevant. (briefs, argument)
