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Faust v. Albertson, No. 81356-6. Hawkeye Kinkaid was extremely drunk when his car crossed the center line and struck a car driven by Bianca Faust. Kinkaid died and Faust and her passengers were injured, including one who was rendered paraplegic. Faust sued the Moose Lodge where Kinkaid had been drinking and Alexis Chapman, Kinkaid's girlfriend who had also been serving him drinks. A jury found the Lodge and Chapman liable for negligent overservice according to RCW 66.44.200 and awarded Faust a $14 million judgment. The trial court denied defendants' motion for judgment as a matter of law.

The Division One Court of Appeals reversed and vacated the judgment, believing that the evidence presented at trial was insufficient to show that Kinkaid was "apparently under the influence of liquor" as required by the statute. Here, in an opinion by Justice Owens, the Court unanimously overturns the Court of Appeals decision and reinstates the jury verdict. The Court also rejects the arguments of amici Mothers Against Drunk Driving and the Washington State Association of Justice Foundation (trial lawyers) that the threshold for plaintiffs in these cases should be lowered. (briefs, argument, AP story)

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In re the Personal Restraint Petition of Bradley, No. 81045-1. In 2002, Anthony Bradley was twice arrested for possession of cocaine with the intent to deliver. One charge was reduced to simple possession and Bradley pleaded guilty to both. He later discovered that his offender score on the lesser charge had been miscalculated, suggesting a longer standard sentence for that charge. The question here is whether his pleas were "part of an indivisible 'packaged deal,'" allowing Bradley to withdraw both. The Court holds that the pleas are indivisible and grants the petition with a majority opinion by Justice Stephens, joined by Justices Chambers, Fairhurst, C. Johnson, and Madsen. Justice Owens, joined by Justice Sanders, concurs but suggests the Court should have ordered "additional fact finding on remand...." Chief Justice Alexander, with Justice J. Johnson, dissent. (Case briefs and argument)

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