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August G. Cifelli and William R. Kiendl won an order of dismissal in White v. Northwest Laboratories of Seattle, Inc. Plaintiff sued Northwest Labs for allegedly negligent metallurgical testing performed for a previous federal lawsuit. Gus and Bill successfully argued that the negligence claim was barred by both the economic loss rule (prohibiting tort claims where the action should be resolved on contract principles) and the grant of immunity provided to expert witnesses under Washington law. In granting summary judgment, the court denied plaintiff's motions to amend his complaint and to postpone the summary judgment hearing to allow time for additional discovery.

Philip B. Grennan and Michael A. Guadagno won Watson v. Fairbanks Capital Corp., a one-week real-estate malpractice trial in Grays Harbor County. The mobile home on the property plaintiff purchased encroached on neighboring property. Plaintiff sued the seller for rescission and alleged negligence and sued the real estate agent, Phil and Mike's client, for violation of the Consumer Protection Act. The court found for plaintiff, ordered rescission, awarded plaintiff his attorney fees against the seller, but held that the real estate agent did nothing wrong and dismissed all claims and cross-claims against her.

Jeffrey P. Downer and Mike Guadagno won summary judgment in Hansen v. Gotch Masterson Realty, Inc., a real-estate malpractice case. After buying property, plaintiffs discovered that existing structures encroached on an adjoining lot, and then sued the broker for allegedly failing to discover and disclose this condition. On summary judgment, Jeff and Mike argued that the broker had disclosed all information known about the property and had no duty to discover potential, unknown problems associated therewith. Jeff and Mike also argued that multiple disclaimers contained throughout the purchase and sale agreement established as a matter of law that the plaintiffs were not justified in relying on any alleged misrepresentations. The court agreed with their arguments and dismissed all of the plaintiffs' claims against their clients.

The Lee Smart Quarterly is a publication of the law offices of Lee, Smart, Cook, Martin & Patterson, P.S., Inc. for clients and others. It is intended as general information only and is not to be construed as legal advice. You should consult an attorney if you have any specific legal questions.

Editor: Jeffrey P. Downer	Eml: jpd@leesmart.com
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