NO. 96-2-08507-3

VERDICT FORM		 Heinzen stamp.gif (3660 bytes)

 
IN THE SUPERIOR COURT OF WASHINGTON FOR KING COUNTY
 

CLAY HEINZEN, an Individual, and MARY HEINZEN, an Individual. Husband and Wife,

spacer50.gif (809 bytes)Plaintiffs

v.

WILLIAM DAVID McBEE, an Individual, and DEBORAH LOTT McBEE, an Individual. Husband and Wife; and JOHN L. SCOTT, INC., a Washington corporation,

spacer50.gif (809 bytes)Defendants

___________________________________


We, the jury, make the following answers to the questions submitted by the court:

QUESTION NO. 1: Did John L. Scott commit fraud?
ANSWER: NO

QUESTION NO. 2: Did John L. Scott commit fraudulent concealment?
ANSWER: NO

QUESTION NO. 3: Did John L. Scott commit negligent misrepresentation?
ANSWER: YES

If you answer No. 3 "no", then skip Question No. 4 through 7 and answer Question No. 8.

QUESTION NO. 4: Answer "yes" or "no" after the name of the defendant and the name of each entity not party to this action.
ANSWER:
John L. Scott: YES
McBees: YES

If you answer Question No. 4 "yes" as to John L. Scott, then answer Question No. 5

QUESTION NO. 5: Was such negligence a proximate cause of damage to the Heinzens? Answer "yes" or "no" after the name of each entity, if any, found by you in Question No. 4.
ANSWER:
John L. Scott: YES
McBees: YES

If you answer Question No. 5 "no" as to John L. Scott, then skip Question Nos. 6 and 7. If you answer Question No. 5 "yes" as to John L. Scott, then answer Question No. 6.

QUESTION NO. 6: Was the Heinzens' negligence a proximate cause of the damage to them?
ANSWER: YES

QUESTION NO. 7: Assume that 100% represents the total combined fault which proximately caused the Heinzens' damage. What percentage of this 100% is attributable to the Heinzens’ negligence, what percentage of the 100% is attributable to the negligence of John L. Scott, and what percentage of this 100% is attributable to the McBees? (Your total must equal 100%.)
ANSWER:
Heinzens: 20%
John L.Scott: 40%
McBees: 40%
 
QUESTION NO. 8: Did John L. Scott violate the Consumer Protection Act?
ANSWER: YES

If you answer Question Nos. 1,2,3,4,5 or 6 "yes" as to John L. Scott, then answer Question No. 9. If you answer Question Nos. 1, 2, 3, 4, 5 and 6 "no", then skip Question No. 9 and sign the verdict.

QUESTION NO. 9: What do you find to be the amount of the Heinzens' damages?
ANSWER: $162,000.00

Sign and Return this verdict

Dated this 27th day of August, 1997.

Foreman