Facts: After discovering that cow bone rather than human bone had been used in a bone grafting procedure performed upon her by a periodontist employed by petitioner Bright Now! Dental, Inc. despite the fact that she had specifically requested that cow bone not be used, respondent Mystie Michael filed suit against Bright Now! Dental, alleging several violations of Washington’s Consumer Protection Act (Washington Revised Code ยง19.86). The trial court granted summary judgment for Bright Now! Dental, ruling that no genuine issue existed as to any material fact. Upon appeal, the Washington Court of Appeals reversed the trial court, finding that material issues of fact existed and that summary judgment had therefore been inappropriate. Bright Now! Dental appealed this decision to the Supreme Court of Washington.
Question(s): Does Michael’s Consumer Protection Act claim against Bright Now! Dental present material issues of fact?
Conclusion: Justice Sanders’ opinion for a unanimous Court reversed the Washington Court of Appeals, concluding that summary judgment had been appropriate as Bright Now! Dental was not in the business of selling bone and had not advertised or marketed the availability of human bone for bone grafting procedures. Moreover, as Bright Now! Dental had not used cow bone rather than human bone in performing Michael’s procedure in order to increase its profits but rather due to a lack of human bone to complete the procedure, there was little likelihood of others being injured in the same manner as Michael. Thus, the Court dismissed Michael’s Consumer Protection Act claims.
Docket No. 80665-9 (from Court of Appeals Division II Case No. 34497-1)
Petitioner: Bright Now! Dental, Inc.
Respondent: Mystie "Patsy" Michael
Briefs:
Argument: Tuesday, October 21, 2008 9:00am
[Source: TVW, http://tvw.org]
Audio: Washington Supreme Court
Decided: Thursday, February 5th, 2009
Prevailing Party: Mystie "Patsy" Michael (Respondent)
Vote: 8-0
Citation: Pending
Alexander
Johnson
Madsen
Sanders
(Majority)
Chambers
Owens
Fairhurst
Johnson
Stephens
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