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King v. Olympic Pipeline

16 P.3d 45 (2000)

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King v. Olympic Pipeline

Washington Court of Appeals
16 P.3d 45 (2000)

SC

Facts

A pipeline owned by Olympic Pipeline Company (Olympic) (defendant) burst, spilling gas into a creek. The gas caught fire, and the fire killed three people, including Wade King. King’s family (plaintiffs) sued Olympic and various individuals (the individuals) (defendants) for wrongful death. During the pendency of the suit, criminal investigations were undertaken as well, focusing in part on the individuals. The individuals filed a motion to stay discovery in this civil case until the criminal investigations were completed. One of the reasons for the requested stay was so that the individuals could preserve their Fifth Amendment privilege against self-incrimination. In considering the motion, the trial court indicated its belief that it could instruct the jury not to make an adverse inference against the individuals for invoking their Fifth Amendment privilege against self-incrimination. The trial court denied the motion. The individuals appealed.

Rule of Law

Issue

Holding and Reasoning (Ellington, J.)

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