1* 601 N. Young Street, Suite A Kennewick, WA 99336 Phone: (509) 783-6633 Fax: (509) 783-6644 Sjaerfine Racket Law (wire, PLLC August 18, 2015 Michael J. Franklin unty Superior Court 4'h Avenue James Anderson vs. Scott Hayies, Franklin County Superior Court Cause No. 14-2-51133-0 Re: Dear Clerk: Enclosed please ?nd the original and one copy of the Notice of Arbitration Award. Please ?le the original and return the conformed copy to our of?ce via legal messenger. A copy of the Notice of Arbitration Award is being sent to Kimberly Harvey, Arbitration Coordinator and to counsel listed below. Thank you for your assistance in this matter. Very truly yours, - RAEKES, PLLC Me, SPERL If" Dezmise Locke Legal Assistant to JOHN P. RAEKES Enclosure cc: Kimberley Harvey, Arbitration Coordinator (Mr/enclosure) Daniei E. Stowe (HI/enclosure) Adam Karp (w/enclosurr) s: onderson v. hayiesfiie no. I 5-0361201' 5-08 -i cierk rr' notice of orb award doc Attorney Je?'rey T. Sperline, - Attorney John P. Raekes, THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR FRANKLIN COUNTY JAMES ANDERSON, Case No.: 14?2-51133-0 Plaintiffs, NOTICE OF ARBITRATION vs. AWARD SCOTT HAYLES, et al., Defendants. The issues in arbitration having been heard on August 12, 2015, I make the following award: It is Plaintiff?s burden to establish, by a preponderance of the evidence, that the defendants were responsible for Chucky?s death. Frankly, I am convinced beyond a reasonable doubt that Chucky was mortally wounded when the defendants were target shooting. If that were not the case. Chucky would have returned home immediately when the shooting stepped. At the very least he would have appeared when Mr. Anderson went looking for him a short time later. Chucky was killed by a pellet and the defendants admittedly had a BB/pellet gun in their possession. According to the defendants, there was no one else around who could have possibly ?red the fatal shot. I think it is quite likely that the youngest boy NOTICE OF ARBITRATION SPERLINE . RAEKES, PLLC AWARD - Page 1 600 N. Young Street, Suite A s:\jpr\arbitration v. hayles ?le no. 15-036 2015-08-13 up WA 99336 Phone: (509) 783-6633 Fax: (509) 783-6644 ?red at Chuclty when his father wasn?t looking so Mr. Hayles may not have even known Chueky had been shot. At the same time, I am troubled by the fact Mr. Hayles failed to give Deputy Wong his son?s BB/pellet gun at the same time he turned over the shotgun and ri?e they were using. Instead, he denied owning such a weapon. There is no evidence to suggest Chucky was maliciously or intentionally killed and therefore emotional distress damages are not recoverable. Womack v. Von Rardon, 133 Wn. App. 254 (2006). By all accounts, Chueky enjoyed chasing the targets and the defendants did not mind having him do so throughout the entire time they were shooting. There is 0% chance As such, the defendants are liable for a conscious decision was made to kill Chucky. negligently causing Chucky?s death and plaintiff is awarded the following: 1. General Damages (intrinsic value: loss of use): $20,000.00 2. Special Damages: Veterinary bills: 33 636.60 Mileage: 21.47 3. Statutory Costs: Filing fee: 240.00 Arbitration fee: 35 220.00 Service of Process fee 72.10 Statutory attorney's Fee 200.00 TOTAL: 21,390.17 NOTICE OF ARBITRATION SPERLINE - RAEKES, PLLC ?gg?aekigfclefumem?o I 5-03-1 3 notice or arb award.doc A Phone: (509) 783-6633 Fax: (509) 783-6644 DATED this day of August, 2015. Twenty (20) days after the award has been ?led with the clerk, if no party has sought a trial de novo under any party, on notice to all parties may present to the Presiding Judge a Judgment on the arbitration award for entry as ?nal judgment in this case. Original to be ?led with the Clerk of the Superior Court together with proof of service on the parties. A copy must also go to: Arbitration Coordinator Benton Franklin Counties Superior Court 7122 W. Okanogan Place, Building a Kennewick, WA 99336 NOTICE OF ARBITRATION AWARD Page 3 77-03-13 notice of arb award.doc SPERLINE I RAEKES, PLLC 600 N. Young Street, Suite A Kennewick, WA 99336 Phone: (509) 783-6633 Fax: (509) 783?6644 CERTIFICATE OF SERVICE-I - s:\jpr\arbitminn undersea Illyles ?le no. mos-u. can often: ca. .60: CERTIFICATE OF SERVICE I certify that I am an employee of SPERLINE RAEKES, PLLC and that on this date I caused to be served a true and correct copy of the NOTICE OF ARBITRATION AWARD on all the parties to this action - by placing a true copy thereof in a sealed envelope, with suf?cient postage af?xed thereto, in the US. mail, in Kennewick, WA and addressed to: Adam Karp Attorney at Law 114 W. Magnolia Street, Suite 425 Bellingham, WA 98225 Daniel E. Stowe Law Of?ces of Raymond Schutts 24001 East Mission Ave., Suite 101 Liberty Lake, WA 99019 DATED the day of August, 2015 DENNISELUCKE, LEM ASSISTANT SPERLINEI RAEKES, PLLC 601 N. Young Street, Suite A Iicnnewtck, Washington 99336 (509) 783-6633