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Wlasiuk v. Whirlpool Corp.

March 17, 1997

JOE M. WLASIUK, RESPONDENT,
v.
WHIRLPOOL CORPORATION, A DELAWARE CORPORATION, APPELLANT.



Appeal from Superior Court of King County. Docket No: 91-2-25960-7. Date filed: 10/20/93. Judge signing: Hon. Marsha J. Pechman.

Authored by Ann L. Ellington. Concurring: H. Joseph Coleman, Mary K. Becker.

The opinion of the court was delivered by: Ellington

ORDER CHANGING OPINION

The panel has determined that:

On Page 11, add a footnote following the caption "IV. JURY INSTRUCTIONS." The text of the footnote shall read: "The text of the disputed instructions was not included in the original unpublished opinion. For convenience of the reader, the full text can be found in Appendix A."

The text of Appendix A shall be as follows:

Appendix A - Jury Instructions

Court's Instruction No. 15:

In determining whether defendant breached its obligations under the handbook, you must not substitute your judgment for defendant's in determining whether plaintiff should be discharged. You must defer to defendant's finding unless you conclude that defendant's decision was arbitrary, capricious or illegal; was not based on facts supported by substantial evidence; or was not based on facts reasonably believed by defendant to be true.

Whirlpool's Proposed Instruction:

In determining whether defendant breached its obligations under the policies, you must not substitute your judgment for defendant's in determining whether plaintiff was insubordinate.

You must defer to defendant's finding that plaintiff was insubordinate unless you conclude that defendant's decision was arbitrary, capricious, or illegal, was not based on facts supported by substantial evidence, and was not based on facts reasonably believed by defendant to be true.

Further, you must not substitute your judgment for defendant's regarding the appropriate penalty to be imposed ...


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