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Philip B. Grennan and Michael A. Guadagno won summary judgment of dismissal in Hayes v. Preview Properties, a real-estate malpractice case. The plaintiffs sold a former gasoline station to a third party. Preview Properties acted as dual agent in the transaction. Both buyers and sellers claimed ignorance of possible contamination of the property. After the sale closed, the parties discovered groundwater contamination that violated the Model Toxic Control Act. The plaintiffs sued 15 defendants, including the real estate professionals, based on their alleged failure to investigate and discover the potential presence of contamination on the property. The plaintiffs brought claims for negligence, negligent misrepresentation, breach of fiduciary duties, breach of the statute of frauds, violation of the Consumer Protection Act, professional malpractice, and violation of RCW 18.86 et seq. Phil and Mike moved for summary judgment of dismissal of plaintiffs’ claims, arguing that Washington law imposes no duty on real estate professionals to conduct an independent investigation or to verify the accuracy of representations by the parties to a real estate transaction. The court agreed with Phil and Mike and dismissed all claims against their clients.

August G. Cifelli and William R. Kiendl won the appeal of Hodges v. Summer Fun Rentals. Plaintiff sued in U.S. District Court after a personal-watercraft accident resulted in an amputation injury. Gus and Bill won an order granting summary judgment and dismissing all claims against their clients in June 2004. Plaintiff and a defendant who was adverse to Gus and Bill’s client both appealed. In October 2006, the Ninth Circuit of the U.S. Court of Appeals issued a memorandum decision affirming the District Court’s summary judgment order. The appellants then sought rehearing en banc before 15 judges of the Ninth Circuit. In 2007, the Ninth Circuit denied rehearing en banc, bringing to an end almost four years of litigation.

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