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Analysis: summary judgment standard

On review of summary judgment courts engage in the same inquiry as the trial court. Highline Sch. Dist. v. Port of Seattle, 87 Wn.2d 6, 15, 548 P.2d 1085 (1976). Summary judgment is appropriate if there is no issue of material fact and the moving party is entitled to judgment as a matter of law. Police Guild v. City of Seattle, 151 Wn.2d 823, 830, 92 P.3d 243 (2004).

The moving party bears this burden of proof. Young v. Key Pharm., 112 Wn.2d 216, 225, 770 P.2d 182 (1989).

Based on this standard, Saberhagen bears the burden of proof that it was entitled to judgment as a matter of law.

Courtesy of The Court of Appeals of the State of Washington
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Defendant motion for summary judgment
strict liability
Summary judgment standard
Review on appeal
Retroactive application standard
Strict liability for product defect
Restatement of Torts
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U.S. Supreme Court decision
Applicability of Chevron Oil
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see also:

U.S. Supreme Court decision Lunsford mesothelioma case: Discussion of Supreme Court decision
Read about Lunsford mesothelioma case and a Supreme Court decision

Taskett King Broad rule Review of Taskett King Broad Rule in Lunsford mesothelioma case
Discussion of Taskett King Broad Rule in Lunsford mesothelioma case

The Lunsford case Lunsford case relating to asbestos and mesothelioma
Read about the Lunsford case relating to asbestos and mesothelioma