Ralph v. Weyerhaeuser Co. (Majority and Concurrence)
Annotate this CaseMultiple cases were consolidated cases in this opinion, all stemming from a 2007 flood of the Chehalis River in Lewis County. In its first review, the Washington Supreme Court considered the trial court's orders dismissing the cases for lack of subject matter jurisdiction; a majority of the Court held that "RCW 4.12.010 relates to venue, not jurisdiction" and therefore "reverse[d] and remand[ed] for further proceedings." the respondents promptly moved to transfer venue to Lewis County in each case. Over the petitioners' objections, the trial court granted the respondents' motions. Those transfer orders were at issue here. The Supreme Court held that respondents did not waive their objections to proper venue for these actions, but that as a matter of statutory interpretation, RCW 4.12.010(1) did not provide for exclusive proper venue in Lewis County. King County was another possible proper venue in accordance with RCW 4.12.020(3) and 4.12.025(3). The Court therefore reversed the trial court's orders transferring venue to Lewis County to the extent those orders were based solely on exclusive proper venue. It was unclear from the record if the trial court considered whether venue should be transferred to Lewis County for the convenience to the witnesses, so the Court remanded for the trial court to exercise its discretion on that issue in a manner consistent with its decision here.
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