Around The Firm

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Christina L. Smith won a defense arbitration award in Baker v. Windermere Real Estate, a real-estate malpractice action. Plaintiffs alleged negligence in the preparation of a purchase and sale agreement and in connection with a Section 1031 tax exchange. The arbitrator agreed with the defense that the real estate agent was not liabile for damages when the seller failed to close the sale.

Charles P.E. Leitch and Christina Smith won summary judgment in Benally v. Tacoma School District. A student was sitting on a railing in an outside breezeway during lunch break. He lost his balance, falling approximately 15 feet to a cement landing below, resulting in significant personal injury. The court agreed with the defense that the student's own reckless actions caused his injuries and dismissed the action in its entirety.

Duncan K. Fobes and Jenny M. Downey won summary judgment in Brees v. Beers. The plaintiff sued the defendant, a Guardian Ad Litem coordinator, for denying plaintiff's GAL application. In 2003, plaintiff first sued defendant in federal court for violation of his civil rights. Duncan won summary judgment of dismissal of that action. In 2005, plaintiff sued defendant again in state court, alleging defamation and fraudulent misrepresentation based on defendant's conversations with others concerning plaintiff. At the summary judgment hearing the trial judge dismissed all claims. The court held that plaintiff's claims were barred by collateral estoppel and a qualified privilege, and that plaintiff could not establish a prima facie case to prove his claims of defamation and fraudulent misrepresentation.