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Harvey v. University of Washington9/15/2003
Joseph Harvey appeals a superior court decision dismissing his motion to vacate an arbitrator's decision in a medical malpractice tort claim. He contends this court can review the arbitrator's decision because the provision waiving appeal in the parties' private trial agreement is unenforceable. Because Washington law does not prohibit a knowing waiver of the right to appeal an arbitrator's decision, we affirm the trial court.
FACTS
In November 2000, Joseph Harvey sued Dr. Kaj Johansen and his employer, the University of Washington (UW), for medical malpractice. He claimed Johansen did not meet the standard of care when he used cryopreserved veins in a simultaneous bilateral lower extremity surgery for simple claudication. In early March 2002, the parties agreed to a private trial to resolve the lawsuit. Harvey's attorney prepared a stipulation to remove the case from the trial calendar and based upon the stipulation, the trial court signed an order dismissing the case effective July 30, 2002. The parties signed a private trial agreement, which became irrevocable and binding upon its execution and by its terms forever foreclosed Harvey from pursuing any other claims for damages arising from this medical care. The parties appointed former King County Superior Court Judge Terrence Carroll to act as fact finder and judge. The parties agreed that Harvey would bear the burden of proof and Washington evidentiary and substantive law would apply. Neither party kept a record of the proceedings. After the private trial, Judge Carroll issued his decision denying Harvey's claims in a letter dated June 27, 2002.
On July 12, 2002, UW presented an order dismissing the case with prejudice in superior court. Harvey objected to the dismissal, arguing it was not appropriate under RCW 7.04.180, which gives the court jurisdiction for 90 days following delivery of the award to the parties. The trial court signed UW's proposed order. On July 29, 2002, Harvey filed a motion to vacate Judge Carroll's private trial decision under RCW 7.04.160(4), alleging he misapplied Washington law. The trial court denied Harvey's motion, and he appeals.
ANALYSIS
Washington law strongly favors voluntary conciliation and settlement as a means of dispute resolution. Agreements to arbitrate are valid, supported by public policy and enforceable. Waiver is the voluntary and intentional relinquishment of a known right. The dispositive issue in this case is whether a tort litigant's waiver of judicial review in a private trial agreement is enforceable.
UW asserts we should not review the superior court ruling because Harvey knowingly and voluntarily waived his right to judicial review in the parties' private trial agreement. Harvey responds by asserting the provision in the agreement is unenforceable under Godfrey v. Hartford Casualty Insurance Co., Dahl v. Parquet & Colonial Hardwood Floor Co., and Barnett v. Hicks because it would conflict with the provision of chapter 7.04 RCW. We hold that these cases do not support Harvey's argument, and his waiver is valid and enforceable for two reasons.
First, the parties in this case clearly waived their right to appeal. Both parties signed the private trial agreement, and both acknowledged they consulted their attorneys and knowingly waived their right to appeal. In relevant part, the private trial agreement states:
Private Trial Agreement
The parties and their attorneys hereby agree to submit the dispute of the matter of Harvey v. University of Washington, et. al., . . . to a binding private trial subject to the provisions of this agreement.
Jurisdiction
J
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