in the court of appeals of the state of - Lawyers USA Online
in the court of appeals of the state of - Lawyers USA Online in the court of appeals of the state of - Lawyers USA Online
No. 61823-7-I / 16 Edwards did not object at trial. An objection after a question has been answered is too late. 29 Furthermore, in its ruling denying the motion for new trial, the trial court noted that Edwards had opened the door in its opening statement when it made reference to Providence paying its fair share. 30 Providence should “bear responsibility” and “pa[y] jointly” to ensure “full[] compens[ation]” for the Singhs. Indeed those remarks were made when Edwards was fully aware that there would not be any judgment against Providence, both because it was now realigned as a plaintiff and because of the settlement agreement. Furthermore, Edwards had an opportunity to cure any prejudice by introducing the settlement agreement, which it did not do. 31 In any event, there was no timely objection and the question was not so prejudicial that it would necessitate a new trial. The trial court carefully considered all of the evidence and gave thoughtful, detailed rulings throughout trial. It did not abuse its discretion in refusing to grant a new trial. We affirm the trial court. WE CONCUR: 29 State v. Jones, 70 Wn.2d 591, 597, 424 P.2d 665 (1967). 30 Davis v. Globe Mach. Mfg. Co., Inc., 102 Wn.2d 68, 77, 684 P.2d 692 (1984). 31 Edwards withdrew a curative instruction describing settlement offers. -16-
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No. 61823-7-I / 16<br />
Edwards did not object at trial. An objection after a question has been answered is too<br />
late. 29 Fur<strong>the</strong>rmore, <strong>in</strong> its rul<strong>in</strong>g deny<strong>in</strong>g <strong>the</strong> motion for new trial, <strong>the</strong> trial <strong>court</strong> noted<br />
that Edwards had opened <strong>the</strong> door <strong>in</strong> its open<strong>in</strong>g <strong>state</strong>ment when it made reference to<br />
Providence pay<strong>in</strong>g its fair share. 30 Providence should “bear responsibility” and “pa[y]<br />
jo<strong>in</strong>tly” to ensure “full[] compens[ation]” for <strong>the</strong> S<strong>in</strong>ghs. Indeed those remarks were<br />
made when Edwards was fully aware that <strong>the</strong>re would not be any judgment aga<strong>in</strong>st<br />
Providence, both because it was now realigned as a pla<strong>in</strong>tiff and because <strong>of</strong> <strong>the</strong><br />
settlement agreement.<br />
Fur<strong>the</strong>rmore, Edwards had an opportunity to cure any prejudice by <strong>in</strong>troduc<strong>in</strong>g<br />
<strong>the</strong> settlement agreement, which it did not do. 31 In any event, <strong>the</strong>re was no timely<br />
objection and <strong>the</strong> question was not so prejudicial that it would necessitate a new trial.<br />
The trial <strong>court</strong> carefully considered all <strong>of</strong> <strong>the</strong> evidence and gave thoughtful, detailed<br />
rul<strong>in</strong>gs throughout trial. It did not abuse its discretion <strong>in</strong> refus<strong>in</strong>g to grant a new trial.<br />
We affirm <strong>the</strong> trial <strong>court</strong>.<br />
WE CONCUR:<br />
29 State v. Jones, 70 Wn.2d 591, 597, 424 P.2d 665 (1967).<br />
30 Davis v. Globe Mach. Mfg. Co., Inc., 102 Wn.2d 68, 77, 684 P.2d 692 (1984).<br />
31 Edwards withdrew a curative <strong>in</strong>struction describ<strong>in</strong>g settlement <strong>of</strong>fers.<br />
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