Wash. Court of Appeals published opinion — 723421.pdf

Citation: Wash. Court of Appeals published opinion — 723421.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/723421.pdf ↗

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No. 72342-1-1/30

Because Corbis presented substantial evidence in support of its after-

acquired evidence defense, the trial court did not err by refusing to grant

judgment as a matter of law thereon in Lodis's favor.1617

Affirmed.

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We concur:

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evidence suggesting that Corbis was aware of Lodis's misconduct before his termination. The
exhibit upon which Lodis relies establishes that, after Lodis had been terminated, Mitchell,
Corbis's general counsel, was made aware that Lodis had failed to record significant vacation
time.
16 Related to this issue, Lodis also asserts that prejudicial character evidence of his
failure to report vacation time should not have been presented tothe jury. This argument
presumably hinges on his argument that he was entitled to judgment as a matter of law on
Corbis's defense, since the evidence isclearly relevant to that defense. To the extent that Lodis
is intending to argue that some particular evidence, though relevant to Corbis's defense, was
unfairly prejudicial, his argument fails because he does not assign error to any of the trial court's
evidentiary rulings. .
17 Lodis also assigns error to the trial court's denial of his motion for a new trial but does
not present argument relative to that assignment. Therefore, we do not further address this
claim. Skaait Countv Pub. Hqsp. Dist. No. 1 v. Dep't ofRevenue. 158 Wn. App. 426, 440, 242
P.3d 909 (2010) ("An appellant waives an assignment of error [by] fail[ing] to present argument or
citation to authority in support of that assignment.")

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